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Thread: RA drop the ball with wallabies

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    Veteran sittingbison's Avatar
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    RA drop the ball with wallabies

    Australia’s rugby union team has lost another clash, this time over its domain name, with a tribunal striking down the organisation’s claim to wallabies.com.au.

    Perth-based company Ebusiness Pty Ltd registered the name wallabies.com.au in 2006 and set up a page linking to information sites about the marsupials. Last year, the ARU filed a complaint with the World Intellectual Property Organisation and sought to take ownership of the name.

    The loss comes as the rugby union body prepares for the Rugby World Cup in Japan later this year.

    In its complaint, the ARU alleged the business had no rights or legitimate interests in the Wallabies domain, while the sporting body held a number of trademarks for the name.

    The ARU also claimed the Perth company had compromised its claim to site as the business hid its details at the time of buying the domain, saying: “It is difficult to ascertain when the respondent first gained possession of the disputed domain name as the registration has been masked through the use of a privacy service.”

    In its response, Ebusiness pointed out the ARU only held the trademark to ‘Wallabies’ in certain classes and the company had never claimed to represent the sporting organisation or team.

    The company also pointed out that, as a common name, the organisation couldn’t claim exclusive rights to the word ‘Wallabies’.

    Despite the ARU filing a supplementary complaint, the WIPO panel handed the sports body a comprehensive defeat ruling: “The panel does not find that the disputed domain name has been registered or is being used in bad faith.”

    The panel also slammed the ARU’s preparation of the complaint, saying: “The panel considers that the complainant was careless in the preparation of its case.”

    However it paid the ARU a sole point in rejecting Ebusiness’ claim that the whole issue had been a bad-faith attempt to harass the company, writing: “It does not consider that the complaint or the supplemental filing were designed to harass or intimidate the respondent.”

    The ARU declined to comment about the loss and the WIPO panel’s criticism of its application when contacted by Mumbrella.

    For the moment, those visiting wallabies.com.au will find themselves visiting a page linking to sites about the cute marsupials rather than the Australian national rugby team.
    https://mumbrella.com.au/australian-...-com-au-567321

    I loved this bit:
    “The panel considers that the complainant was careless in the preparation of its case.”

    Sooo...the FUBRA has stolen the Force IP, but can't take ownership of their own brand. Good one.

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    Immortal Contributor The InnFORCEr's Avatar
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    Immortal Contributor shasta's Avatar
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    If they went into the tribunal with the same swaggering arrogance as they did at the senate inquiry, they would have gotten offside just as quickly. Just deserts for Fort Fumble again!

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    Veteran chibi's Avatar
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    They could take the simpler name of "www.wallabies.com"

    As far as I can tell, that one's not taken.

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    Japan and the Pacific Islands for Aussie Super 9's!

    Let's have one of these in WA! Click this link: Saitama Super Arena - New Perth Stadium?

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    Immortal Contributor shasta's Avatar
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    Quote Originally Posted by chibi View Post
    They could take the simpler name of "www.wallabies.com"

    As far as I can tell, that one's not taken.
    STFU.

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    Veteran chibi's Avatar
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    The Western Force should probably grab hold of "www.westernforce.com" while they're at it; just in case.

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    Japan and the Pacific Islands for Aussie Super 9's!

    Let's have one of these in WA! Click this link: Saitama Super Arena - New Perth Stadium?

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    Legend Contributor Alison's Avatar
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    Wonder how much this little venture cost the ARU. More money siphoned away from those partched and dying grassroots.

    Good on Ebusiness for hanging tough and not giving an inch!

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    Veteran chibi's Avatar
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    I wonder if anyone on this forum has gone out and registered "www.wallabies.com" as yet?

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    Japan and the Pacific Islands for Aussie Super 9's!

    Let's have one of these in WA! Click this link: Saitama Super Arena - New Perth Stadium?

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    Veteran Bakkies's Avatar
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    Quote Originally Posted by chibi View Post
    I wonder if anyone on this forum has gone out and registered "www.wallabies.com" as yet?
    .com costs a lot more to register.

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    Champion SPaRTAN's Avatar
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    I love that a Perth company is the one blocking Rugby Australia. A small win for WA, the war isn't over just yet...

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    Quote Originally Posted by Bakkies View Post
    .com costs a lot more to register.
    No it doesn't, the .com.au domain is one of the more expensive. However wallabies.com was first registered in November 1997.

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    Veteran Bakkies's Avatar
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    QRU just announced a $1 million loss. They could with the extra money from the RA.

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    https://omny.fm/shows/the-alan-jones-breakfast-show/cameron-clyne

    Link to Senate Report http://www.aph.gov.au/senate_ca

    https://www.change.org/p/rugby-australia-petition-for-cameron-clyne-to-resign-as-chairman-of-the-rugby-australia-board

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    (formerly known as Coach) Your Humble Servant Darren's Avatar
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    Quote Originally Posted by chibi View Post
    I wonder if anyone on this forum has gone out and registered "www.wallabies.com" as yet?
    It's registered, as is westernforce.com

    http://whois.domaintools.com/westernforce.com
    http://whois.domaintools.com/wallabies.com

    From personal research, you are allowed to register a domain name if you have an legitimate interest. As a totally random example, I could register westernforce.com and legitimatey use it to host a western force supporters site.

    For example, Bruce Springsteen failed to get brucespringsteen.com back from a fan site operator, as did others such as tupac.com. If you register the domain name for a legitimate purpose (other than cybersquatting) you have a right to it.

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  14. #14
    Player UAUdiver1959's Avatar
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    Quote Originally Posted by Bakkies View Post
    QRU just announced a $1 million loss. They could with the extra money from the RA.
    Que, RA to the rescue, just hand over your IP and let us do a deal for you................no problems, its been tested in court, we are solid.

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    Immortal Contributor shasta's Avatar
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    Quote Originally Posted by UAUdiver1959 View Post
    Que, RA to the rescue, just hand over your IP and let us do a deal for you................no problems, its been tested in court, we are solid.
    No chance. They are among the chosen ones and one of the perquisites of that is a revolving line of credit/donations from the esteemed bankers (sic) at Fort Fumble

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