Domain Name Dispute Assessment Task Essay Example | Topics and Well Written Essays - 2000 words - 2

Domain Name Dispute Assessment Task - Essay Example lso argues that the respondent has no right or legitimate interest in the domain name, and that the domain name is used by the respondent in bad faith.3 The complainant is seeking the only remedy available under the Policy, namely transference of the domain name in question. The respondent denies that the complainant has a common law tradename and argues that in the event that the complainant proves otherwise, the complaint is denied in its entirety. The arbitration decisions rests on determining whether or not the complaint substantiates a case of ‘cybersquatting.’4 The term cybersquatting refers to a situation in which a domain name belonging to one party is subsequently used for nefarious purposes by another,5or rather, a case of ‘abusive registration.’6 Essentially, in order to prove cybersquatting, the complainant must satisfy three elements: the domain name used by the respondent is identical or confusingly similar to either a trademark or ‘service’ to which the complainant has an interest or rights; the respondent does not have a legitimate interest or right in the domain name; and the respondent is using the domain name in bad faith.7 Before dealing with the three elements necessary for substantiating the complainant’s case, it is necessary to deal with the trademark issue raised by the respondent. What distinguishes the Uniform Dispute Resolution Policy (UNDRP) from the au. Policy is that under the au. Policy, it is not necessary for the complainant to have a registered trademark. All that the complainant is required to prove under the au. Policy is that he or she have acquired a common law trademark through ‘sufficient evidence of use or reputation in the trademark to justify reliance on a common law trademark’.8 The complainant has provided sufficient evidence of its common law trademark through evidence indicating that Quickileaks has been operating as a well-recognised and accessed online media outlet prior to the respondent’s

Borders Group Inc Essay Example | Topics and Well Written Essays - 750 words

Borders Group Inc - Essay Example The Borders Company facilitates online shopping through their website, Borders.com. This facility assists customers to get easy access to company’s products and services from any part of the globe any time. It mainly offers e-books through online shopping and it additionally offers a desktop e-Reader for computers, which would also suit many other applications. Similarly, Borders’ promotional tactics involve offers sent to customers as e-mails and text messages. The company gives great emphasis on collaborated operations because the firm believes that this practice would ensure organizational sustainability and further business expansion. For instance, the ‘Borders’ formed an agreement with Starbucks subsidiary Seattle’s Best Coffee so as to enhance its expansion activities. Another notable feature of the company is that Borders’ international expansion is based on franchising strategy. Likewise, diversification is also one of the main grand s trategies of ‘Borders’. Recently, in 2008, the company opened 14 stores nationwide that offer variety of electronic devices such as MP3 players and Sony Reader. 3. Long-term objectives It is evident that international expansion is set as Borders’ long term objective. The company has opened a large number of stores in different parts of the world namely in UK, Singapore, Malaysia, Oman, and Sharjah. The words of Borders group chief executive officer George Jones (cited in The Free Library) indicate that the company emphasizes on the superstore business because the management believes that superstore is the foundation of their strong brand. After a failure in global market, the firm... ‘Borders’ seems not to have employed this strategy so far. To illustrate, its online prices are always different from that of in-store prices and they are subject to changes without giving any prior notice (Borders). The company tends to charge an additional premium for this facility. Focus strategy involves concentration on narrow market segments in order to focus the interests of that segment (Marketing Plan). Grand strategy involves framing comprehensive plans to meet the major objectives of a firm by employing all available weapons such as ‘market, product, organizational development through acquisition, divestiture, diversification, joint ventures, and strategic alliances† (Grand strategy). The Borders Company facilitates online shopping through their website, Borders.com. This facility assists customers to get easy access to company’s products and services from any part of the globe any time. Long-term objectives It is evident that international expansion is set as Borders’ long term objective. The company has opened a large number of stores in different parts of the world namely in UK, Singapore, Malaysia, Oman, and Sharjah. The words of Borders group chief executive officer George Jones (cited in The Free Library) indicate that the company emphasizes on the superstore business because the management believes that superstore is the foundation of their strong brand. In addition, the firm frames wide ranges of marketing and promotional tactics in order to maintain brand loyalty.