Domain Dispute Case in Malaysia
According to Singapore news site Singapore365.com, PropertyGuru has won its domain dispute case against iProperty in Malaysia. The disputed domain name in question was "propertyguru.com.my" which was registered by Think Media, a company that had been acquired by iProperty, in May 2011. The panel ruled:
- The "propertyguru.com.my" domain name is identical to PropertyGuru’s "PropertyGuru" trademark, and is closely and confusingly similar to PropertyGuru’s "propertyguru.com.sg and "propertyguru.com.my" trade marks
- PropertyGuru has established goodwill and reputation with end users and real estate developers in the "PropertyGuru" trade mark in Malaysia since mid 2008
- iProperty has used and/or registered the "propertyguru.com.my" domain in bad faith
- iProperty, being a competitor of PropertyGuru, was fully aware of PropertyGuru’s prior use, goodwill and reputation in the "PropertyGuru" trade mark in Malaysia
- The registration and use by iProperty of "home-guru.com.my" which is closely similar to “homeguru.com.my” belonging to HomeGuru Sdn Bhd, the Malaysian company which forms part of the PropertyGuru group of companies further supports an inference of bad faith by iProperty in using and registering the “propertyguru.com.my” domain
- iProperty has failed to demonstrate any rights and legitimate interests in the "propertyguru.com.my" domain name
As a result, iProperty will have to transfer the domain name "propertyguru.com.my" to PropertyGuru by Aug 4th, 2011.
