Expert Dispute Resolution decision
Etex NV v Pacific Build Supply Limited  NZDNC 1441 (11 April 2022) - Result transferred
In Etex NV v Pacific Build Supply Limited , the expert found the domain name <eterpan.co.nz> was unfairly registered by the respondent, who used to be the NZ distributor of the complainant. The complainant, a manufacturer of lightweight construction materials since 1905, relied on its New Zealand registered trade mark rights and unregistered rights under the tort of passing off, the Fair Trading Act, and considerable goodwill and reputation in the ETERPAN brand in NZ. An interesting feature of this case was that the respondent relied on their own asserted goodwill and reputation and that the complainant was not controlling the use of the mark. The expert, in determining that the name should be transferred, focused on the use of the disputed domain name by the respondent after the distribution agreement had ended when they were selling the products of competing brands.