CircleID

Jacuzzi, Inc., owner of rights in the mark JACUZZI, challenged the domain name jacuzzi.net.au in this first WIPO decision involving the .au domain.  The Australian respondent had used the JACUZZI name for nearly 15 years.

Jacuzzi, Inc. v. Wangra Pty Ltd, Case No. DAU2005-0001

A three-member Panel denied relief, stating:

In its Amended Response, the Respondent answers, first, that a company related to the sole director and shareholder of the Respondent started to carry on business under the name Jacuzzi from the Hallam store in October 1991. It also registered the business name Jacuzzi in the Victorian Register of Business Names on October 18, 1991. Since that date, that company or other companies associated with the Respondent have continuously carried on business under the name JACUZZI from that site. A copy of the Registration of Business Name is not in evidence. The allegation is verified, however, in a statutory declaration of Graham Ritchie made on August 4, 2005, which forms Annexure B to the Amended Response. Some additional support for the allegation can be found in the Amended Complaint which relies on the sending of the letter of demand in July 1996, in relation to the activities at the Hallam store.

Accordingly, on the record in this administrative proceeding, the Panel finds that the Complainant has not discharged its onus under this head. The Panel finds, therefore, that on the record in this administrative proceeding the Complainant has been unable to prove that the Respondent has no rights or legitimate interests in the domain name.

By Mark Partridge, Attorney & Author. Visit the blog maintained by Mark Partridge here.

Related topics: DNS, Domain Names