Domain Name Dispute - Proving they knew something...

Discussion in 'NZ Computing' started by Domain Names, Aug 12, 2003.

  1. Domain Names

    Domain Names Guest

    Hello everyone,

    I'm involved in a domain name dispute between a .com and a foreign ccTLD
    domain name (in this post I'll use the examples of beds.com kiwi
    defendant v beds.co.uk foreign plantiff).

    One cause of action is breech of the Fair Trading Act (ie misleading
    behaviour), but the FTA has a 3 year limitation on litigation after the
    so-called misleading behaviour "was known, or ought to have been known".

    My friend's website has been running for 4+ years, so he thought we
    would be safe from this cause of action. Beds.com is #1 in google and
    beds.co.uk is #2, and has been for at least 3 years, which means that,
    IMHO they _should_ have known about it, and therefore the "ought to have
    known" requirement of the act was met.

    The interim injunction was heard recently and the judge displayed his
    internet noob knowledge in many ways, including by saying that "just
    because the website existed doesn't mean they knew about it". #1 v #2 in
    google means they knew!

    So anyway we now need a method of proving they knew about the the kiwi
    site before three years ago.

    Options I've thought of include:

    Determining whether their IP addy appears in .com server logs from three
    years ago. Prognosis: difficult/unlikely as the site is US hosted and
    the hoster is being difficult as to whether logs are kept for that long.

    Supeona their ISP logs. Prognosis: even more difficult & unlikely to suceed.

    Supeona their emails. This could be good...?

    Does anyone else know of any other method to prove actual knowledge of a
    particular domain?

    And a bit of learning for this ng. If you do have a concern that your
    domain may one day be disputed, make sure your send a
    letter/advert/something to the other site's onwer, via email with a
    webbug/return receipt, or registered snail mail and thereby begin the 3
    year countdown till you're home free (at least as far as the FTA goes,
    anyway).
    Domain Names, Aug 12, 2003
    #1
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  2. Domain Names

    DPF Guest

    On Tue, 12 Aug 2003 17:23:05 +1200, in nz.comp Domain Names
    <> wrote:

    >Hello everyone,
    >
    >I'm involved in a domain name dispute between a .com and a foreign ccTLD
    >domain name (in this post I'll use the examples of beds.com kiwi
    >defendant v beds.co.uk foreign plantiff).


    Is this being heard in a NZ court?

    DPF


    --
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    DPF, Aug 12, 2003
    #2
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  3. Domain Names

    Howard Guest

    DPF wrote:
    > On Tue, 12 Aug 2003 17:23:05 +1200, in nz.comp Domain Names
    > <> wrote:
    >
    >> Hello everyone,
    >>
    >> I'm involved in a domain name dispute between a .com and a foreign
    >> ccTLD domain name (in this post I'll use the examples of beds.com
    >> kiwi defendant v beds.co.uk foreign plantiff).

    >
    > Is this being heard in a NZ court?
    >
    > DPF


    Yes. The Auckland High Court.
    Howard, Aug 12, 2003
    #3
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