Also note that Tablelands Online and the complainant are both managed voluntarily by members of the community as non-profit community benefit organizations. Being the parent organization the complainant has established its common seal, which is provided as an attachment. Respondents reply to the complainant s response to Interim Order No. 1. The complainant has failed to demonstrate rights in trademarks corresponding to the two domain names in dispute. The complainant offers ignorance as a defense.
Ignorance is a very poor defense at best.
The complainant demonstrates a poor understanding of trademark matters by insinuating that a logo is required to register a trademark. In fact, registering a trademark is a simple matter, which can even be done online. It is common knowledge that business names offer no rights to a name. The complainant argues that a trademark cannot be used alone to define ownership of a name. This is an interesting provision as not only does it ignore the confusingly similar provisions in most common law trademark regimes, it also refuses to activate its policy if a right other than a registered trademark is alleged to have been infringed.