I thought this day would come when Sulit.com.ph would go after those who use the Sulit-related domains that run a competing service. I have just been told that the company has filed a UDRP with ICANN to claim the domain sulit.ph.
The Uniform Domain-Name Dispute Resolution Policy (UDRP) was filed with ICANN, probably early last month, so that Sulit.com.ph may be able to take-over the domain Sulit.ph.
In this case, Sulit.com.ph must establish a number of elements to succeed over the dispute:
- the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
- the registrant does not have any rights or legitimate interests in the domain name; and
- the registrant registered the domain name and is using it in “bad faith.”
Dispute proceedings arising from alleged abusive registrations of domain names (for example, cybersquatting) may be initiated by a holder of trademark rights. The UDRP is a policy between a registrar and its customer and is included in registration agreements for all ICANN-accredited registrars.
What’s interesting to note is that the word “sulit” is a generic Filipino term and, thus, cannot be trademarked. I believe has filed for trademark but has since abandoned. We’re not sure if Sulit.com.ph has also filed a UDRP for the domain sulit.com (which is now parked). ccTLDs like sulit.net.ph and sulit.org.ph have not been registered as well so it looks like the main focus for now is sulit.ph.
Filing for a UDRP isn’t easy and it requires a $1,500 fee from the complainant.
Domain name has nothing to do with a Trademark. Trademark is totally different thing. If you owned the trademark “Sulit” it doesn’t mean you also own the domain in all extension. The good thing is if you are the owner of the trademark, you have all the rights to protect your Trademark. Trademark is seems like your BRAND. You have the right to protect your brand in all means. Let us say your Brand Name is “Sulit” and someone registered the domain “Sulit.com.ph/sulit.com/sulit.ph etc. You can file a Dispute. We have the so called UDRP procedure. You can file thru WIPO/NAP etc. Then the WIPO or NAP will handle the case. They will appoint panelist to decide on the case. By the way, this case is a Case of Arbitration unlike any other court cases, the decision will come up not more than 60 days. The wipo will then Notify the registrar of the domain. The Domain Registrar will then send an email to the domain registrant. The domain registrant will be advice to cooperate. They will be ask what was there intention in registering a domain the domain name. The case will then start from there.
There are so many things to consider here. Not all trademark owners won the UDRP cases though. You should have Burden of Proof. There were UDRP cases before wherein the Panelist decides that the Domain will remain with the registrant, there were also instances that the UDRP panelist decides to transfer the domain to the Complainant which is the Trademark owner.
As Trademark owner, it doesn’t mean as well that you will win all the case you filed. Be careful or else you will be charge DOMAIN Cyber Squatter.
So if you want to register a Domain name, you must conduct a research to make sure that you are not infringing a Trademark.
Trademark Owner as well must also pass all the requirements as mentioned on UDRP rules.
Remember this process is too costly. EXPENSIVE. Wipo will Charge you $1500 for single Panelist, if you choose 2 or 3 of course it requires you more penny.
I recently came to your site and began reading alongyour articles. i decided i may well depart my 1st review.
its case DPH2011-0003 incase anyone wants to look it up
Yung iba ganyan nga ang business. bumili lang ng bumili ng kung ano anong domain name. para in case may mag emerge na business na need ng domain name na yun, ibebenta nila at a price. matagal na ngyayari yun. I think, hindi na kailangan mag complain if ever. makipag bargain nalang sila sa domain name holder. bilhin nila if they want. mayaman naman ang sulit.com.ph. crappy nga lang ang web design. peace ;p
The trademark in the ph is somewhat fuzzy. It takes a month to get a proper trademark and copyright on things. They should have registered them all since day one :) this happens also on some facebook related domains.
ooh specialist
dee
Hmmmm.. interesting indeed. It’s quite obvious that bansa . org is just riding the sulit domain name, I’m on sulit’s side on this one.
Its not up to DotPH and dotPH follows UDRP, and refers dispute cases to them.
Sana may taga dotph na may mag clarify kung sino ang unang nag register. sulit.com.ph o sulit.ph???
While IANAL, Abe, here’s a few basic ideas of trademark law I’ve since learned from lawyers.
First, a trademark is a form of intellectual property using a word, phrase, symbol, image or a combination to distinctively identify the source of its good or service (a.k.a. service mark) in commerce. Thus, virtually any word or phrase can become a trademark.
Next, generic, common words can’t become trademarks if used in their generic or descriptive sense or context. Apple, Shell, Tide, and Head and Shoulders are generic or descriptive for the fruit, the mollusk, the waves, and one considered above the rest.
Note: I said trademarks distinctively identify the source. Thus, is Apple generic or descriptive for computers, Shell for gasoline, Tide for a detergent, or Head and Shoulders for shampoo?
Go to your nearby Puregold branch and see how many products on the shelf use common words (e.g. lucky me, hunts, milo, 8 o’clock, lady’s choice, etc.) to sell products. Di kaya you’d assume the moment you see puregold stamped on a store that it’s the supermarket?
Bottom line, it depends on context or usage. Sulit is generic as a Tagalog word for value worth your money or cost-efficient, but is it generic or descriptive for, say, a classified ads web site?
Yun nga lang, sulit.com.ph advertises itself as a place to get sulit deals. So if the sulit.ph owner argues that (at sana gawin nya yun para hindi ma-default), then s/he might stand a chance.
Magandang tanong, jun. Di kasi makita sa Dot.ph…
Alam mo, Agrimensor, weird yun. Ganyan din nung gumamit ako ng IE at Chrome, pero redirect sya sa classifieds.ph nung gamit ko ng Firefox.
I tried opening sulit.ph pero tagalog-english dictionary lumalabas..so what the deal is all about?
During trademark registration, you select a class for your trademark. That Sulit tm covers class 3: 03 LAUNDRY SOAP, TOILET SOAP, DISHWASHING SOAP, DETERGENT BAR,
DETERGENT POWDER, BLEACHING PREPARATIONS, CLEANING
PREPARATIONS, LAUNDRY PREPARATIONS, LAUNDRY BLEACH AND WASHING
PREPARATIONS
It isn’t in any way related to this case.
Sulit.com.ph tried to Trademark ‘Sulit.com’ in 2008
http://trademarks.ipophil.gov.ph/tmsearch/tmpdf/42008005603.pdf
Interestingly enough someone has the trade mark on ‘Sulit’ registered in 2009: http://trademarks.ipophil.gov.ph/tmsearch/tmpdf/42009000490.pdf for the uses of: ‘LABEL, STAMPED ON CONTAINER, LETTERHEAD, SIGANGE, EMBOSSED ON PRODUCT’
I thought the owner of Sulit.ph has the trademark?
this will be an interesting case, wonder if it will be referred to local courts.
If siguro iba naman ang purpose ng Sulit.ph why file complaint di ba? But then again, if they will be using it to confuse the loyal users and future viewers of original sulit.com.ph then they should file! And I think naman alot of people (specially sulit users) will support this law suit.
which reminds me of the pldt.com domain issue. Do you still remember this yuga?
question is sino nauna mag register sa domain.. sulit.ph or sulit.com.ph hmm..
onga parang ang daya. pero ang dami nga naman pwedeng gawing website na may sulit. sulit.net sulit.net.ph sulit.org sulit.com.ph. and so on hahahah hirap maging judge! :)