Volkswagen wins first MYDRP decision
In Volkswagen Group Singapore Pte Ltd v Webmotion Design, a Regional Centre for Arbitration Kuala Lumpur (RCAKL) panellist has ordered the transfer of the domain name 'volkswagen.com.my' to Volkswagen in the first decision under the Malaysian Network Information Centre's Domain Name Dispute Resolution Policy (MYDRP).
Under the MYDRP, the complainant must prove that the disputed domain name (i) is identical or similar to its trade name or mark, and (ii) was registered and/or used in bad faith.
Willy Marketing registered 'volkswagen.com.my' in January 2002. It transferred it to Webmotion Design in December 2002 after Volkwagen had issued a cease and desist letter. Volkswagen subsequently filed an action with the RCAKL on the basis of its Malaysian registered VOLKSWAGEN mark, as well as the international reputation and goodwill of the VOLKSWAGEN mark.
The RCAKL panellist ordered the transfer of the disputed domain name to Volkswagen, finding that:
- VOLKSWAGEN is a famous mark;
- the domain name did not host an active website; and
- Webmotion Design had failed to respond to the complaint.
This first decision is welcomed as it clarifies the mechanics involved in a MYDRP proceeding and gives an indication of how such disputes will be determined.
Brian Chia and Syed Naqiz Shahabuddin, Wong & Partners, Kuala Lumpur
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