ANNEXURE “I”
Our Ref: GB:AT:JD:00282
Your Ref: POSTED
29 AUGUST 2000
August 25, 2000
Alessandro Sorbello
PO Box 1198
Stafford Qld 4053
Dear Alessandro
DAYDREAMISLAND.COM
We act for Daydream Island Pty Ltd.
A Network solution search reveals that you are the registrant of the domain name “daydreamisland.com”.
As you are no doubt aware, our client owns and operates the internationally renowed resort, Daydream Island.
Besides the substantial amount of goodwill our client has in respect of the name Daydream Island, our client also has the beneficial ownership in four trademarks, namely:
- 547732;
- 547733;
- 547734; and
- 552872.
According to the Uniform Domain Name Dispute Resolution Policy, you have represented and warranted to Network Solutions among other things that:
- To your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third parties;
- You are not registering the domain name for an unlawful purpose;
- You will not knowingly use the domain name in violation of any applicable laws or regulations.
Alessandro Sorbello 24 August 2000
It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.
Clearly, you have registered daydreamisland.com in clear breach of Network Solution’s policy and your registration agreement.
Further, you do not own any relevant intellectual property such as a trademark, company name or business name, where by you can claim proprietorship over this domain name.
You have not used the domain name in anyway whatsoever and it would appear that you have acquired the domain name for improper purposes.
We hereby demand that you sign the enclosed Registrant Name Change Agreement and return it to us within seven (7) days of the date of this letter so out client may register daydreamisland.com.
You must have the Agreement witnessed on the last page by either:
- Solicitor;
- Justice of the Peace;
- Commissioner for Declarations.
We hereby put you on notice that should you not sign return the enclosed form, we have instructions to pursue this matter by complaint to the Administration Panel.
Yours faithfully
redchip lawyers
Gavin Barnes
Enc.
