1SaleADay.com.au Taken Offline for Intellectual Property Infringement

Lfpernone on 18/10/2010 - 15:36
Last edited 19/10/2010 - 00:40

I thought this would be of interest to customers who shop at http://www.1saleaday.com.au as their web site now displays this simple infringment notice and all other branding removed:

Hello,

The former holders of the 1SaleADay.au domain names were found to be infringing on the intellectual property rights of the 1SaleADay U.S. website and as a result the World Intellectual Property Organization (WIPO) ordered the domain names be transferred to their rightful trademark holders (Case No. DAU2010-0016). Please be advised that 1SaleADay.com.au may be out of service for a while as a result of this transition. We will keep you posted. Sorry for any inconvenience this may have caused.

Sincerely,
1SaleADay

Ahhh… the wonderful world of IP and Free trade agreements.

General Discussion

Comments

  • rack on 18/10/2010 - 15:46

    Is this possible. Just because someone has right to a .com domain in US does not mean they have the right to a .com.au domain. A .com.au domain should rightfully belong to an Australian business.

  • spal on 18/10/2010 - 16:36

    Has anyone ordered and got their mystery item for $5 from 1daysale.

    Mine was shown as shipped the next day of the order, but hasn't arrived yet.

    Wonder if this is behind the delay, or there is more to it.

    Any comments would be appreciated.

    Thanks.

    • Mikinoz on 18/10/2010 - 16:50
      +4

      I think we just found out what the mystery item is !

    • roadtrip24 on 18/10/2010 - 18:01

      Was this the mystery t-shirt thing? I can't keep track of all this stuff…if it was, yes a medium guy's Hollister t shirt arrived yesterday.

      • pauly on 19/10/2010 - 03:04
        +1

        That was a deal from 1-daytee.com.au, which is technically the same company as 1-day.com.au and Torpedo7. They are still surviving though.

      • spal on 19/10/2010 - 04:54

        It was on 12 October.

        The deal was $5 for a mystery item including shipping.

        Thanks for the info.

        I sent an email to idaytshirt. They say on this website that they are an extension of 1sale a day. Let me see what happens. Otherwise I will open a dispute with paypal.

        Update:

        1daysale is not related to 1-daytee. Sorry I miss read your post.

        Looks like I will have to open a dispute with paypal.

  • Mikinoz on 18/10/2010 - 16:50
    +3

    Ahh yes the USA owns the world again !! no wonder people dont like Americans

    • StewBalls on 19/10/2010 - 00:19
      +1

      Poor 1saleaday are about to find out freedom costs a buck o'five! ;)

      "Great job, team. Head back to base for debriefing and cocktails." :p

  • lukelegend on 18/10/2010 - 19:21

    What a joke, how can they do this? you have to have an Australian business to get a .com.au domain. bloody yanks!

  • andy19363 on 18/10/2010 - 20:40

    probably more to do with the '1saleaday' bit…..

  • zhenjie on 18/10/2010 - 21:03
    +3

    I actually was under the impression the .com.au outfit was authorized arm of the 1saleday in the USA. The USA companies do have a right to defend their trademarks.

    • pauly on 18/10/2010 - 22:08
      +3

      Same. Without checking in detail, I was under the impression that the Australian site was related to the US site.

      When the Australian site first started, it had the exact layout & logo as the American site. The 'Bee' was the obvious one.

      Since they're unrelated, I can now see why the American 1saleaday is claiming IP on the Aussie site.

      • allthedeals.com.au on 19/10/2010 - 12:34

        I was under the same impression .. same logo, same site design.. same bad joke of the day.. Cant see why they weren't taken down earlier!

        • StewBalls on 21/10/2010 - 00:13

          A verbal agreement was reached between the second Complainant and second and third Respondents for the Respondents to begin a “1SaleADay” business in Australia…During 2009 and 2010 there were disagreements between the Complainants and the Respondents about the use of the 1SALEADAY trademark in relation to the offering for sale of certain goods and services, and about the non-payment by the second and third Respondents’ company 1 Sale A Day Pty Ltd of invoices for the supply of goods by the first Complainant.

          There's your "why" right there…not surprisingly…money! USA1SaD were getting it, then either one or both parties got greedy…the rest is a lawyer's kid's trust fund! :p

          Props to aacheney for the link below! :)

  • cwongtech on 18/10/2010 - 21:24
    +1

    Yay! Karma for ripping me off!

  • aacheney on 20/10/2010 - 15:40
    +2

    http://www.wipo.int/amc/en/domains/search/text.jsp?case=DAU2…

    interesting reading.

    • scotty on 20/10/2010 - 22:34

      Thanks. Interesting read indeed.

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