Singapore Cable Vision Ltd ("SCV") recently successfully challenged Allied Pacific Singapore Technologies Pte Ltd ("Allied Pacific") for the registration of the domain name "singaporecablevision.com"
Allied Pacific launched a website under the domain name singaporecablevision.com. The website prominently displayed the message "we strongly support the following company." followed by SCV's company logo. Users were also automatically re-directed to another website at www.marketplay.com.sg. which provides on-line stock indices and trading services. Pursuant to SCV's demand, Allied Pacific removed SCV's logo from the website, but continued to have the automatic hyperlink to www.marketplay.com.sg.
SCV pursued the matter via WIPO's Arbitration and Mediation Centre under ICANN's Uniform Dispute Resolution Policy, requesting that Allied Pacific transfer the domain name in contention to SCV. WIPO has ruled in favour of SCV because:
- The domain name is identical or confusingly similar to SCV's service marks "Singapore Cable Vision" and "SCV" under which SCV has been marketing and advertising its cable TV and broadband access services;
- Allied Pacific has failed to demonstrate its rights to and legitimate interests in the domain name because it merely uses the domain name for a website which re-directs users to another for purposes of commercial gain;
- SCV enjoys goodwill and substantial and valuable reputation under the names Singapore Cable Vision or SCV in Singapore. Allied Pacific's attempt to attract commercial gain by using the domain name which is the same or confusingly similar to SCV's service marks is sufficient evidence of registration and use of a domain name in bad faith.
The contents of this publication are not intended to provide legal advice that pertains to specific circumstances, for which you should consult appropriate counsel.