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Abusive registrations and trade marks
November 24, 2009 – 11:43 am by Jana Van Zyl
In a recent decision by the South African Institute of Intellectual Property Law (SAIIPL), the domain name <absapremiership.co.za> (domain name) was transferred to ABSA Bank Limited (ABSA). ABSA is the registered holder of the trade mark “ABSA” and has also applied for the registration of the trade mark “ABSA PREMIERSHIP” during March 2008. The SAIIPL found the registration to be an abusive registration in terms of the Alternative Dispute Resolution Regulations (the Regulations).
We have discussed “abusive registrations” in terms of the Regulations in previous posts (see I want that domain and Information relevant to a <.za> domain dispute).
This case confirms the rights in registered trade marks and unregistered common law rights in the context of domain names.
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