To many residents and visitors of Singapore, Sim Lim Square is a computer lover's paradise for pirated software. Sim Lim Square recently received major publicity when the Government's regularly IP enforcement efforts finally appeared to have cleaned out the pirates. Sim Lim Square has entered the limelight again by being the battleground of what is believed to be the first domain name squabble that has landed in the courts here.
Hardware Zone Pte Ltd had sued a popular computer store in Sim Lim Square, Video-Pro for registering the domain name "hardwarezone.com.sg". Video-Pro provides reviews and price comparisons of computer products in Singapore on its website at "hardwarezone.com.sg" since October 1999. Hardware Zone itself maintains a site "hardwarezone.com" which also provides reviews and price comparisons of computer products in Singapore.
Hardware Zone believed it has substantial goodwill in the name "hardwarezone" in Singapore and Video-Pro's use of "hardwarezone.com.sg" is a passing off of "hardwarezone.com". Hardware Zone wanted damages and a transfer of "hardwarezone.com.sg".
In retaliation, Video-Pro counterclaimed for copyright infringement of it's price lists by Hardware Zone on "hardwarezone.com" and defamation based on 2 statements posted on "hardwarezone.com". Video-Pro also challenged Hardware Zone's reliance on "hardwarezone.com" which was registered in July 1998 under the name of an unregistered business. Hardware Zone was only incorporated in October 1999.
The dispute raises very interesting trade mark and intellectual property law issues and legal observers were looking forward to a first and invariably landmark ruling on the subject of domain names. However, the parties agreed to a settlement last week in the midst of a 7 day trial. Video-Pro will transfer "hardwarezone.com.sg" to Hardware Zone together with payment of S$10,000. In exchange, Hardware Zone will assist Video-Pro to identify the makers of the defamatory statements posted on "hardwarezone.com".
Looks like Singaporeans will have to wait a while longer for the court to shed some light on domain name disputes in Singapore.
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