Saturday, January 31st, 2009 - Wilcox Safety & Signs Pty Ltd
On December 1, 2008, the Asian Domain Name Dispute Resolution Centre (ADNDRC) ordered that the ownership of two domain names www.wilcoxsafety.com and www.adeptsafetyonline.com be transferred to Linda Wilcox of Wilcox Safety & Signs Pty Ltd.

When Linda Wilcox formed Wilcox Safety & Signs and Adept Safety Online in 2004, she registered two domain names: www.wilcoxsafety.com.au and www.adeptsafetyonline.com.au. In November 2007, she attempted to register www.wilcoxsafety.com and www.adeptsafetyonline.com, and discovered these names had already been registered by a company called Snapsite Pty Ltd.

Not having use of the .com extensions would potentially mean serious repercussions for her safety sign companies. ‘The internet is the fastest growing medium for new business,’ she said. ‘People looking me up on the internet could easily be confused or mistakenly go to the .com, rather than the .com.au sites. It would only be a matter of chance whether customers went to my website or my competitor’s.’

Linda has spent a substantial amount building and promoting each site, so that customers can easily find her business and transact with her on the internet. She knew she had to take immediate action.

‘To begin with, I didn’t know who Snapsite was,” Linda said. ‘It was oh, that’s really weird.’ Snapsite was contacted regarding the domains, but provided no response to inquiries. It was later also discovered that Snapsite was a website development company used by a competitor with whom Linda had been in dispute.

Linda then submitted a domain name dispute claim to the Asian Domain Name Dispute Resolution Centre (ADNDRC www.adndrc.org), one of only four (4) providers in the world of dispute resolution services in regards to generic top level domain names (gTLD's) (eg. .com, .net, .org, etc.).

Key aspects of the dispute as submitted by Linda included:
• The Respondent, Snapsite, conducts the business of registering and selling domain names.
• The Respondent does not conduct a safety signage or related business.
• The Respondent registered the disputed domain names primarily for the purpose of selling, renting or otherwise transferring the domain names and has no legitimate right or interest in respect of the disputed domain names.
• In addition, www.austwidesafety.com was registered on exactly the same day as www.wilcoxsafety.com and www.adeptsafety.com at 41 minutes apart.
• Snapsite is the server used by Austwide Safety Pty Ltd ACN 114 950 006 who is one of Linda’s competitors.
• The Respondent registered the disputed domain names primarily for the purpose of selling, renting or otherwise transferring the domain names and has no legitimate right or interest in respect of the disputed domain names.
• The Respondent's conduct is not incidental or inadvertent, rather it is deliberate and intended to have an adverse impact on the Complainant's business by causing a sensible diminution in customer and potential customer hits on the Complainant's front of business electronic commerce platform. Accordingly, the disputed domain names were registered by the Respondent in bad faith.
• The disputed domain names are identical or confusingly similar to the Complainant's domain names as by their nature appears.

One would rationally expect Linda to win her case. ‘It’s one of those things,’ she said. ‘When you think you’re right, you do expect to win.’ But a legal ruling can go either way, and Linda knew it. Any ADNDRC ruling is final and binding; had she not won, Linda may have been forced to change her business names and incur further expenses.

On December 1, 2008, the Asian Domain Name Dispute Resolution Centre rendered a decision regarding this dispute based on three elements:
1. Domain Names Identical / Confusingly Similar to existing Service Marks
2. Rights and Legitimate Interests in the Domain Names
3. Registration of Domain Name(s) in Bad Faith

The decision stated that ‘Having established all three elements required under the Internet Corporation for Assigned Names and Numbers (ICANN) Policy, the Panel concludes that relief should be granted. Accordingly, it is ordered that the disputed domain names should be TRANSFERRED from the Respondent (Snapsite) to the Complainant (Linda Wilcox).’

‘I was delighted that I was able to obtain valuable assets related to my online business, without having to go through the court system,’ Linda said.

Her advice to other small business owners is to protect their online business by registering at least the .com version of their .com.au domain names, if possible, to save the time, expense and worry of a situation like this!

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Wilcox Safety & Signs Pty Ltd


Wilcox Safety Signs & Products is one of Australia's largest Safety Signs & Products stores. Our goal is to make your workplace a safer place. Safety signs we offer include Safety Signs, Warning Signs (Page 1) & Warning Signs (Page 2), Building, Door & Toilet Signs, Vehicle & Traffic Signs, Danger Signs (Page 1), Danger Signs (Page 2) & Danger Signs & Exit Signs and Braille Tactile Signs, etc.

Some of the many safety product categories we offer include Eye Wash, First Aid & Spill Kits Quality Control Labels & Tags, Pipeline Identification Labels. Lockout Products (Page 1) & Lockout Products (Page 2), Log Books (Australia & NZ), Custom Stencils, Safety Stencils, Foot Stencils, Car Park Stencils & Stencil Sets, Danger Tags, Electrical Tags & Key Tags and Locking Tags, Quality Control Tags & Warning Tags, etc.

Wilcox Safety & Signs is 100% Australian owned and operated. We have over 30 years of experience in the Safety Products industry. We provide safety signs and safety products to individuals, government and industry both throughout Australia and Internationally.

We provide high quality products which adhere to all applicable Australian Standards.

At Wilcox Safety & Signs our experienced staff pride themselves in providing fast delivery, outstanding service and products at the right price.
Linda Wilcox
P: +61 3 9720 1800
W: www.wilcoxsafety.com.au

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On December 1, 2008, the Asian Domain Name Dispute Resolution Centre (ADNDRC) ordered that the ownership of two domain names www.wilcoxsafety.com and www.adeptsafetyonline.com be transferred to Linda Wilcox of Wilcox Safety & Signs Pty Ltd.

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