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2009-07-02T20:46:00.000-07:00

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eResolution Dream Island Submission 3- page 16 to page 20

2009-07-02T18:55:00.000-07:00

Category 3 - Bad Faith

Category 3 – Bad Faith

Submission 3 (Complainant’s Submission Annexure 2)

No Bad Faith

1. The Respondent repeats and relies upon the matters stated in Category 2 above – Illegitimacy

2. Further, it should be remembered that is was not the Respondent that initiated contact between the Respondent and the Complainant. This is consistent with and supports the contention of the Respondent that he does not wish to sell the disputed domain name because it was acquired for the stated legitimate business and commercial reasons noted above.

3. The Respondent has not posted a “sale price” at the URL address and the site is not for sale.

4. The Respondent has acquired or registered 2 only domain names (viz. “daydreamisland.com and sovereignislands.com”) which are similar to names given to islands along the Eastern Australian Coast and which include the following islands:

* South Molle Island
* Lindermann Island
* Lady Musgrave Island
* North Molle Island
* Hayman Island
* Gloucester Island
* Curtis Island
* Thursday Island
* Hinchinbrook Island
* South Stradbroke Island
* North Stradbroke Island
* Great Keppel Island

See Exhibit 5

At the time of the registration of the disputed domain name all of the islands listed above had domain names utilizing their geographical names available for registration as a dotcom.

IN THE PREMISES, THE RESPONDENT DID NOT, AND DID NOT EVER INTEND, TO CORNER THE “DOTCOM” MARKET IN DOMAIN NAME FOR ALL OF THE ISLANDS STRETCHING THE ENTIRE EASTERN AUSTRALIAN COASTAL REGION.

5. A mere corporate preference on the part of the Complainant to hold the registered domain name “daydreamisland.com” is not sufficient or any evidence of bad faith on the part of the Respondent.

The correspondence between the Complainant and its Lawyers (Letters 2 June 2000 and 8 August 2000 – Annexure “E” to Complainant’s Annexure 2) discloses clearly that the Complainant’s corporate preference is to abandon “daydream.net.au” and obtain the disputed domain name. The preference is based upon an internal management perception of marketing. On their own evidence, the domain name “daydream.ent.au” is attracting many hits… so the Complainant’s commercial reasoning is also open to question. It can hardly be said (much less demonstrated) that the Complainant’s commercial interests are being harmed by reason of its not having secured the disputed domain name… particularly when other more suitable names are available.

6. Further, the material contained in the correspondence of Redchip Lawyers to Roger Powell (Letter dated 20 June 2000, Complainant’s Submissions Annexure “F”) appears to indicate that the Complainant has set out to entrap the Respondent by making a “phoney” offer with the intention of building a case in these proceedings were that offer to be accepted.

That letter states in part:

“In our attempts to have the domain transferred to Daydream Island Pty Ltd we suggested you write to Alessandro Sorbello on the company’s letterhead in accordance with the attached draft.

You will notice in the attached letter we suggest that Daydream Island Pty Ltd maybe interested in purchasing the domain name off Alessandro Sorbello.

The purpose of this letter is to confirm that Alessandro Sorbello has registered the name in bad faith presumably for the purposes of selling it to Daydream Island Pty Ltd…

Should you receive an offer to buy the name for consideration from Alessandro Sorbello we will proceed to make an Application for transfer of the name.

It is envisaged that Mr Sorbello’s offer to sell will be utilized as evidence of bad faith…”

It is submitted that as the Complainant was not is not able to produce any evidence of bad faith on the part of the Respondent, it then proceeded to embark upon a course of conduct designed solely to build a case in these proceedings. This conduct not only arguably amounts to misleading and deceptive conduct in breach of Consumer Protection Legislation currently in force in Australia but also reveals bad faith on the part of the Complainant in the prosecution of these proceedings.

7. The Complainant’s argument in paragraph 10 of its submission on “Bad Faith” is misleading as the Complainant does not have any rights in the words alone by reason of the express endorsement on each of the Complainant’s marks (see arguments in Submission 1 above). The Respondent has developed a Business Plan for the websites business to be conducted under the domain name “daydreamisland.com”. The Respondent has spent hundred of hours and many thousands of dollars in the planning and development of the “daydreamisland.com” concept. The Respondent’s Business Plan reveals that the Respondent engaged persons to design a logo (which is complete), undertaken market research and feasibility studies.

Again, there is no requirement at law or otherwise for the Respondent to “offer any evidence to the Complainant that he actually has or will use the name Daydream Island”: compare Annexure 2 “Illegitimacy”, para. 1 Again more importantly, the misleading nature of the Complainant did not ever request the Respondent to provide any such information either on an open or “without prejudice” basis but rather demanded that the Respondent sign and deliver to the Complainant a transfer form in the nature of an agreement.

Summary

The Respondent did not register the domain name in bad faith but for legitimate commercial reasons.

It was the Complainant who initiated contact with the Respondent. The Respondent did not “seek out” the Complainant in order to sell at a profit the disputed domain name.

The disputed domain name is not for sale.

The Complainant may have engaged in misleading and deceptive conduct in seeking to tender a “phoney offer” solely for the purpose of substantiating a case in these proceedings.

The Respondent is not set out to corner the market in dotcoms for domain names for all islands of Eastern Australian Coast… there is no pattern of conduct from which bad faith could be inferred.

A mere corporate preference on the part of the Complainant to hold the registered domain name “daydreamisland.com” is not sufficient or any evidence of bad faith on the part of the Respondent.

Conclusion

The Respondent has a legitimate and legal right to use the disputed domain name for legitimate business and commercial gain.

There is no, and no evidence of, bad faith on the part of the Respondent in registering or maintaining registration of the disputed domain name.

eResolution Dream Island Submission 2- page 11 to page 15

2009-07-02T18:44:00.000-07:00

Category 2 - Illegitimacy

Category 2 – Illegitimacy

Submission 2 (Complainant’s Submission Annexure 2)

Legitimate Commercial Interests

The Respondent has a legitimate commercial interests in and to the disputed domain name.

1. For some 2 years now, the Respondent has been involved in the planning and development of several targeted websites through which to develop further his commercial interests in ecommerce.

2. For this purpose, and this purpose alone, the Respondent obtained by way of registration a number of selected domain names including the disputed domain name.

3. The Respondent has not over sold any of the domain names referred to in paragraph 2 immediately above or indeed any domain name registered in his name…despite numerous offers.

4. It was not, and is not, the intention of the Respondent to embark upon the practice of “cybersquatting” ie. the practice of acquiring registered domain names for the sole purpose of selling them at a later date to a corporation for a higher price or profit.

5. The Respondent obtained the disputed domain name in December 1999 for legitimate business or commercial reasons. The Respondent intends that the domain name “daydreamisland.com” will be utilized in a Website with an “Art, Poetry and Music” concept or theme. Similar websites include:

* “treasureisland.com” (owned by the Las Vegas Mirage Casino Hotel)
* “fantasyisland.com” (legal porn site)
* “mysteryisland.com” (under construction)
* Browser return for “dreamisland.com” showing site as unavailable
* 000domains search for “dreamisland.com” reveals site unavailable
* 000domains search for owner of “dreamisland.com” reveals Keith Thompson from 19 August 1997

See Exhibit 11

6. The Respondent has spent hundred of hours and many thousands of dollars in the planning and devolpment of the “daydreamisland.com” concept.

7. The Respondent has developed a Business Plan for the websites business to be conducted under the domain name “daydreamisland.com”.

THE CONTENTS OF THE BUSINESS PLAN CONTAINS COMMERCIALLY SENSITIVE INFORMATION WHICH IS CONFIDENTIAL BUT THE RESPONDENT WILL, IF REQUESTED, PROVIDE A COPY TO THE PLANELIST ON A CONFIDENTIAL BASIS AND ON THE BASIS THAT IT NOT BE DISCLOSED TO THE COMPLAINANT OR ANYONE.

8. The Respondent commenced Website site design for “daydreamisland.com” immediately upon registering the domain name in December 1999. Development has taken place on a local server and the website is “parked” at another URL address during construction and pending completion and launch.

THE ADDRESS OF THE URL IS CONFIDENTIAL BUT THE RESPONDENT WILL, IF REQUESTED, PROVIDE THE ADDRESS TO THE PANELIST ON A CONFIDENTIAL BASIS AND ON THE BASIS THAT IT NOT BE DISCLOSED TO THE COMPLAINANT OR ANYONE.

It is not usual for a web page under construction to be parked at another URL during development with the websites address disclosing merely that the domain name is no longer available:

Eg. Browser search for “www.cutthroatisland.com” reveals site unavailable being unable to determin IP address from host name

9. There is no requirement at law or otherwise for the Respondent to “offer any evidence to the Complainant that he actually has or will use the name Daydream Island”: compare Annexure 2 “Illegitimacy”, para. 1 More importantly, again the misleading nature of the Complainant’s submission fails to point out that the Complainant did not ever request the Respondent to provide any such information either on an open or “without prejudice” basis but rather demanded that the Respondent sign and deliver to the Complainant a transfer form in the nature of an agreement: See Exhibit 10

10. For the reason disclosed in paragraph 9 above, the Complainant’s argument that:

“Any assertion of future use is in the Complainant’s opinion, unsatisfactory as the Respondent has not conducted any advertising campaigns, market tests, focus groups, logo design or any other related outlays with a bona fede offering of goods or services” completely lacks credibility.

The Respondent’s Business Plan reveals that the Respondent engaged persons to design a logo (which is complete), undertaken market research and feasibility studies ALL OF WHICH ARE CONFIDENTIAL AND LEGITIMATELY IN THE RESPONDENT’S COMMERCIAL INTERESTS NOT TO DISCLOSE OR BE FORCED TO DISCLOSE BY REASON OF THESE PROCEEDINGS OR OTHERWISE.

Summary

The Respondent has for some 2 years now, been involved in the planning and development of several targeted websites including “daydreamisland.com”.

The Respondent obtained the disputed domain name in December 1999 for legitimate business or commercial reasons. The Respondent intends that the domain name “daydreamislan.com” will be utilized in a Websites with an “Art, Poetry and Music” concept or theme.

The Respondent has developed a Business Plan for the websites business to be conducted under the domain name “daydreamisland.com”.

The Respondent commenced Website site design for “daydreamsisland.com” immediately upon registering the domain name in December 1999. Development has taken place on a local server and the website is “parked” at another URL address during construction and pending completion and launch.

The Respondent has spent hundred of hours and many thousands of dollars in the planning and development of the “daydreamisland.com concept.

The Respondent’s Business Plan reveals that the Respondent engaged persons to design a logo (which is complete), undertaken market research market and feasibility studies.

Conclusion

The Respondent has a legitimate and legal right to use the disputed domain name for legitimate business and commercial gain.

The Complainant’s evidence and argument as to illegitimacy completely lack credibility. The Complainant’s submissions lack candour and are misleading.

eResolution Dream Island Submission 1- page 4 to page 10

2009-07-02T18:24:00.000-07:00

Category 1 -Copy or Similarity

Submission 1 (Complaint’s Submission Annexure 1 paras. 1-11 and Annexure 2 para. 1-4)

Lack of Candour – No Exclusivity in Complainant’s use of words – Similar use by Respondent permitted

The Complainant’s submission is lacking in candour.

1.The foundation of the Complainants’ submission relies upon domestic statutory monopoly rights (viz, the Australian Trade Marks Act 1995: Exhibit 2) embodied in the following trade marks (hereinafter referred to collectively as “the Complainant’s marks”):

a) Registered TM 547732

b) Registered TM 547733

c) Registered TM 547734

d) Registered TM 552872

See Exhibit 12

2. The Complaint’s submission fails to articulate the following limitations on its otherwise monopolistic rights:

a) The rights granted are pursuant to an Australian domestic statute which grants monopolistic rights in and through Australia and its Territories only: Section 4 Trade Marks Act 1995 (“the “Act”).

The Act also extends to signatory countries of the Berne convention and limited international protection is also afforded by other treaties or conventions. Monopolistic rights conferred bu the Trade Marks Act 1995 do not extend worldwide. As is later argued the Complainant’s domestic and international commercial interests can be suitably protected by its making use of the domain name “daydreamisland.com.au”, “daydreamislandresort.com.au”, “daydreamisland.biz” or “daydreamislandresort.biz” which are currently or will be available.

b) Each of the Complainant’s marks contains a distinct image (Island with Palm Trees) all of which incorporate the words “daydream island”. It is the collective image (ie. Picture and words) in respect of which monopolistic rights accrue (and then only when used in connection or with the individual class) not in respect of the words alone.

c) Moreover, each of the Complainant’s marks is subject to an express “Endorsement” (noted at the foot of each) which provides in effect that the monopolistic rights do not extended to exclusive use of the words “Daydream Island” or any derivative (“the words”). Accordingly, other persons or entities in and throughout Australia are therefore permitted to utilize the words alone in any manner without fear of infringement of the Complainant’s marks.

d) Finally, each of the marks is also limited to a “Class” (eg. Class 30, etc) which further delimits the monopolistic utility of each of the marks to a specified class of goods and services: Exhibit 3a

3. More importantly the Complainant’s submission fails to disclose the fact that other domestic corporations are the proprietors of Registered Trade Marks in Australia which are comprised of or include the words “daydream” (are therefore can be reasonably said to be identical to or confusingly similar to the Complainant’s marks), namely: -

Registered Trade Marks

a) Trade Mark: 513184

Word: DAYDREAM

Image:

Lodgment Date: 20-JUN-1989

Class/es: 30

Status: Registered

Kind: n/a

Owner/s: National Foods Dairy Foods Limited

ACN: 002 400 339

Accepted/Pending Trade Marks

b) Trade Mark: 827831

Word: DAYDREAMS

Image:

Lodgment Date: 15-MAR-2000

Class/es: 26

Status: Accepted

Kind: n/a

Owner/s: DNZ Limited Partnership

c) Trade Mark: 858680

Word: DAYDREAMS DAY DREAMS DayDreams

Image:

Lodgment Date: 28-NOV-2000

Convention Date: 08-NOV-2000

Class/es: 25

Status: Indexing Approved

Kind: n/a

Owner/s: Ezibuy Limited

See Exhibit 8

The significance of this information, which the Complainant failed to disclosed, is obvious.

Firstly, any claim to exclusivity of proprietorship on the part of the Complainant in the words “daydream” or “daydream island” whether express or implied is exposed as misleading.

Secondly, the scope of any monopolistic rights in the words “daydream” or “daydream island” reposed in the Complainant under the marks is necessarily curtailed by reason of the co-existing grant of rights in and to the words “daydream” or “ daydream island” to third parties.

4. The Complainant’s submission contains further misleading information not supported by verified fact:

Exhibit 1 to this submission provides information obtained from the Queensland Department of Natural Resources – Place Name Details Report.

This information directly contradicts the facts stated on behalf of the Complainant in Annexure 1-4b point 11, namely, the Complainant states:

“The original geographic name of the island was West Molle Island, part of the Molle Group. Because of the substantial goodwill and international recognition of the business the Complainant conducts on the island, Australia’s National Mapping Agency, now formally recognizes West Molle Island ad Daydream Island.”

The material obtained from the Queensland Department of Natural Resources reveals that in truth and in fact, the name “Daydream Island” originated as follows:

“Daydream Island

For many years, the Island know to most Queenslanders as “daydream” has had an alternative name – West Molle Island. The name “Molle” has its origin in “Port Molle”, a name given by Lieutenant Charles Jeffreys R.N., 1815 to the anchorage in the lee of the south-east trade wind, formed by the Molle Group of Islands. Jeffreys used the name as tribute to his friend Colonel George Molle of the 46th Foot Regiment.

When Major Paddy Murray sailed into the Whitsunday area in 1933, in his yacht “Daydream” he bought West Molle Island and called it after his yacht. Very few people in 1989 would be aware of the name “West Molle Island” and it is proposed to omit the name to remove any unnecessary confusion on marine charts.”

See Exhibit 1a

5. The Complainant does not deal adequately with issue of the identity and interests of the Complainant in and to the business conducted on and from the Island.

The Complainant’s material together with searches conducted on behalf of the Respondent with the Australian Securities and Investment Commission reveal that it is a non-party to this proceeding, Daydream Island Pty Ltd CAN 089 923 580 (“the non-party”), (and not the Complainant or the related entity) which asserts in writing that it is the “operating entity of Daydream Island Resort located in the Whitsunday’s off the North Queensland Coast”: See Letter Daydream Island to the Respondent dated 21 June 2000 and also letter 19 July 2000 being Exhibit 9 hereto.

No information is provided as to the existence or scope of any licensed rights between the Complainant or the related entity and the non-party- to support or substantiate the Complainant’s assertion that its commercial interest are being harmed…particularly where neither the Complainant nor the related entity carry on business on the island.

Summary

The Complainant and the related entity only came into existence a few months prior to the registration of the disputed domain name by the Respondent. The Complainant purchased an interest in the island only 1 month prior to the Respondent registering the disputed domain name in December 1999.

The name “Daydream Island” was derived from the name of a yacht in 1933 owned by Major Paddy Murray and not by reason of the substantial good will and international recognition of the Complainant’s business. Moreover, it is the non-party and not the Complainant which carries on business on the island.

The Complainant obtains no “exclusive” monopolistic right to the words “daydream” or “daydream island” by reason of it being the owner of Registered Trade Marks 547732, 547733, 547794 and 552872 or otherwise.

The Complainant’s marks are each subject to an express endorsement that registration gives no rights to the exclusive use of the words “Daydream Island”. Many other Australian trademarks (registered and pending) incorporate the words “daydream” or “daydream island”.

Similarity in the words used in the disputed domain name and the Complainant’s marks (and indeed all other registered and pending marks) is lawful and permitted because the disputed domain name does not incorporate the image (picture).

The Complainant’s domestic and international commercial interests can be suitably protected by its registering and making use of the domain name “daydreamisland.com.au” which is currently available. This country local dotcom address also sits well with the fact of the parochial extent and scope of the domestic trade marks legislation.

The Complainant registered domain name “daydream.net.au.” is already attracting “many hits”: Exhibit 7

The commercial interests of the Complainant can be adequately served by use of another suffix eg. “daydreamisland.com.au” or “daydreamsiland.biz”

Conclusion

There is therefore no exclusive right of use in either the Complainant’s marks of the words, “Daydream Island” or any derivative (including “daydreamisland.com”), accruing to the Complainant by reason of the registration of its trade marks.

It is misleading for the Complainant to assert (expressly or impliedly) that is has, by reason of its registered trade marks, a better or higher proprietary right than the Respondent (or anyone) to the use of the words, “Daydream Island” or any derivative (including “daydreamisland.com”)… as it plainly does not.

The use by the Respondent or anyone of the words “Daydream Island” or any derivative (including “daydreamisland.com”) alone ( ie without the distinct image or picture (being the Island with Palm Trees)) does not constitute an infringement of the Complainant’s marks and does not amount to the use of a domain name which is identical or confusingly similar to the Complainant’s marks which incorporate an image or picture as an integral component part.

eResolution Dream Island - page 1 and page 2

2009-07-02T18:19:00.000-07:00

Category 1 – Copy or Similarity

Background

1.The Complaint company, Daydream Island Resort Investments Pty Ltd CAN 089 615 136 (“ the Complaint”), is a Queensland, Australia resident private company incorporated on 20^th September 1999. Share subscriptions issued 7^th October 1999: Exhibit 4a

2.The related entity, “Cruising On” International Investments Pty Ltd CAN 087 762 525 is also a Queensland, Australia resident private company incorporated on 26^th May 1999: Exhibit 4b

3. The Complaint purchased a 50% share in an Australian territorial island on 1^st November 1999. The Complaint’s interest was derived from a Joint Venture and the related entity purchased the remaining 50% share in 31^st March 2000.

4. The domain name in contention “daydreamisland.com” (“disputed domain name”) was registered with Network Solutions Inc on 18^th December 1999: Exhibit 6

5. The registrant of the domain name, and the Respondent to the complaint, is Alessandro Sorbello, a resident of Queensland, Australia. Alessandro Sorbello is a company director with extensive business experience both in real estate and the telecommunications industry as well as other interests in Brisbane and throughout Queensland. More recently his interests have extended to the nascent but developing ecommerce industry both through entities in which he is a participant or with which he is otherwise affiliated and in his private capacity.

6. The Complainant has lodged a complaint with ICANN (AF00586) seeking to have the disputed domain name transferred from the Respondent to the Complainant or its nominee.

7. The Respondent is required to respond to the allegations raised by the Complainant, In doing so the Respondent is not required to and does not relinquish any rights whatsoever to later seek to have this dispute dealt with by a Court of competent jurisdiction.

eResolution Dream Island - Cover Sheet and page 1

2009-07-02T18:07:00.000-07:00

E RESOLUTION INTEGRITY ONLINE

Domain Name Response – Cover Sheet

To: Daydream Island Resort Investments Pty.

The attached document is a Response in regards to the Complaint filed against us with the Clerk’s Office of the Disputes.org/eResolution.com Consortium on date of complaint.

This Response specifically answers all statements and allegations contained in the Complaint brought against us by Name of Complainant with regards to the following domain name: Contested Domain Name, Disputes.org/eResolution.com Consortium file number.

The Respondent certifies that the attached document is filed in full compliance with the alla applicable norms governing this administrative proceeding, i.e. the ICANN Policy, the ICANN Rules, and eResolution’s Supplemental Rules.

The Clerk’s Office will examine the Response to establish its conformity to the above-mentioned regulation. If the Response is found to be compliant and the applicable fees (if any) have been paid by the Respondent, the Clerk’s Office will forward the file to an administrative Panel who will render its decision based on the Complaint, the Response and all other evidence that may have been submitted by the Parties.

If you require information or a copy of the applicable norms, please feel free to contact the Disputes.org/eResolution.ca Consortium Clerk’s Office in Montreal, Canada. The Clerk’s Office may be reached by telephone at +1 (514) 908-2900 or by email at clerk@eresoultion.com, or visit our Websites at http://www.eresolution.com.

Re DaydreamIsland.com

Submission in

Response to Complaint

ICANN Case No. AF00586

12 December 2000

I.A. Erskine

Barrister-at-Law

Level 13

Quay Central

95 North Quay

BRISBANE

61 7 3236 0311

61 7 3235 3347

Erskine@qldbar.asn.au

Instructed by:

Philip Leach

Solicitor

Gateway Lawyers

Level 7

82 Eagle Street

BRISBANE

61 7 3221 6799

61 7 3229 5310

Robyn.werner@global-lawyers.com.au

Trade Marks Act 1995 no.547732

2009-07-02T17:56:00.000-07:00

FORM 1 – Regulation 7(1)

AUSTRALIA

The Trade Marks Act 1995 547,732

APPLICATION FOR THE REGISTRATION OF A TRADE MARK

DAYDREAM ISLAND INTERNATIONAL RESORT PTY LTD, a Queensland Company,

Level 1, 66 River Terrace, Kangaroo Point, Queensland 4169, Australia,

The proprietor of the trade mark a representation of which is affixed to the Schedule to this application, hereby apply for registration of the trade mark in Part A of the Register of Trade Marks in respect of

“Education and entertainment, sporting and leisure activities; instruction services including diving instruction; gymnastic instruction; providing recreation facilities, night clubs”

Being services included in Class No. 41

The address for service is:-

Cullen & Co.

240 Queen Street,

Brisbane, Queensland, 4000, Australia

THE SCHEDULE

Daydream Island

DATED this 17 day of December, 1990.

DAYDREAM ISLAND INTERNATIONAL RESORT PTY LTD

By their Agents

CULLEN & CO.

Registered Patent Attorney

THE REGISTRAR OF TRADE MARKS ASUTRALIA.

ATMOSS Trade Mark no. 547732

2009-07-02T17:49:00.000-07:00

Trade Mark: 547732

Word: DAYDREAM ISLAND

Image: ISLAND PALM TREES 3

Lodgment Date: 17-DEC-1990

Registered From: 17-DEC-1990

Acceptance Advertised: 26-AUG-1993

Registration Advertised: 06-JAN-1994

Sealing Date: 15-DEC-1993

Renewal Due: 17-DEC-2007

Class/es: 41

Status: Registered

Kind: n/a

Endorsement: See text below

Owner/s: “Cruising On” International Investments Pty Ltd

ACN: 087762525

Level 5, 359 Queen Street BRISBANE, 4000, QLD Australia

Daydream Island Resort Investments Pty Ltd

ACN: 089615136

Level 5, 359 Queen Street BRISBANE, 4000, QLD Australia

Goods & Services

Class: 41 Education and entertainment, sporting and leisure activities; instruction services including diving instruction; gymnastic instruction; providing recreation facilities, night clubs

Endorsements: Registration gives no right to the exclusive use of the words DAYDREAM ISLAND*

The preceding endorsement(s) were recorded prior to commencement of the Trade Marks Act 1995.*

ATMOSS Trade Mark no. 547734

2009-07-02T17:47:00.000-07:00

Trade Mark: 547734

Word: DAYDREAM ISLAND

Image: ISLAND PALM TREES 3

Lodgment Date: 17-DEC-1990

Registered From: 17-DEC-1990

Acceptance Advertised: 26-AUG-1993

Registration Advertised: 06-JAN-1994

Sealing Date: 15-DEC-1993

Renewal Due: 17-DEC-2007

Class/es: 42

Status: Registered

Kind: n/a

Endorsement: See text below

Owner/s: “Cruising On” International Investments Pty Ltd

ACN: 087762525

Level 5, 359 Queen Street BRISBANE, 4000, QLD Australia

Daydream Island Resort Investments Pty Ltd

ACN: 089615136

Level 5, 359 Queen Street BRISBANE, 4000, QLD Australia

Address for Service: Redchip Lawyers

PO Box 3568, SOUTH BRISBANE, 4101, QLD, Australia

Goods & Services

Class: 42 Providing accommodation and lodgings; cafes, cafeterias, canteens and catering; restaurants including dining facilities; hairdressing salons; hotel management; hotels and bar facilities; reservations: hotels, tourist homes

Endorsements: Registration gives no right to the exclusive use of the words DAYDREAM ISLAND*

The preceding endorsement(s) were recorded prior to commencement of the Trade Marks Act 1995.*

ATMOSS Trade Mark no. 547733

2009-07-02T17:44:00.000-07:00

Trade Mark: 547733

Word: DAYDREAM ISLAND

Image: ISLAND PALM TREES 3

Lodgment Date: 17-DEC-1990

Registered From: 17-DEC-1990

Acceptance Advertised: 26-AUG-1993

Registration Advertised: 06-JAN-1994

Sealing Date: 15-DEC-1993

Renewal Due: 17-DEC-2007

Class/es: 39

Status: Registered

Kind: n/a

Endorsement: See text below

Owner/s: “Cruising On” International Investments Pty Ltd

ACN: 087762525

Level 5, 359 Queen Street BRISBANE, 4000, QLD Australia

Daydream Island Resort Investments Pty Ltd

ACN: 089615136

Level 5, 359 Queen Street BRISBANE, 4000, QLD Australia

Address for Service: Redchip Lawyers

PO Box 3568, SOUTH BRISBANE, 4101, QLD, Australia

Goods & Services

Class: 39 Transportation; arranging of cruises and tours; barge and boat transport; boat rental; booking of seats (travel); diving; ferry-boat transport; pleasure boat transport; sightseeing; travel agencies

Endorsements: Registration gives no right to the exclusive use of the words DAYDREAM ISLAND*

The preceding endorsement(s) were recorded prior to commencement of the Trade Marks Act 1995.*

ATMOSS Trade Mark no. 552872

2009-07-02T17:38:00.000-07:00

Trade Mark: 552872

Word: DAYDREAM ISLAND

Image: ISLAND PALM TREES 3

Lodgment Date: 28-MAR-1991

Registered From: 28-MAR-1991

Acceptance Advertised: 30-SEP-1993

Registration Advertised: 31-MAR-1994

Sealing Date: 11-MAR-1994

Renewal Due: 28-MAR-2008

Class/es: 25

Status: Registered

Kind: n/a

Endorsement: See text below

Owner/s: “Cruising On” International Investments Pty Ltd

ACN: 087762525

Level 5, 359 Queen Street BRISBANE, 4000, QLD Australia

Daydream Island Resort Investments Pty Ltd

ACN: 089615136

Level 5, 359 Queen Street BRISBANE, 4000, QLD Australia

Address for Service: Redchip Lawyers

PO Box 3568, SOUTH BRISBANE, 4101, QLD, Australia

Goods & Services

Class: 25 Clothing and all goods in this class other than foundation garments and underwear

Endorsements: Registration gives no right to the exclusive use of the words DAYDREAM ISLAND*

The preceding endorsement(s) were recorded prior to commencement of the Trade Marks Act 1995.*

Network Solutions's invoice for DreamIsland.com.au purchase

2009-07-02T17:30:00.000-07:00

Subject: INVOICE (DAYDREAMISLAND.COM)

Date: Sun, 26 Dec 1999 01:09:29 – 0500 (EST)

From: invoice@internic.net

To: alessandro@smartchat.net.au

Domain Date: 23-DEC-1999

DAYDREAMISLAND.COM

Alessandro Sorbello

PO Box 1198 Stafford

Brisbane, Qld 4053 AU

Scan Code: 900160174421070003

FROM:

Network Solutions, Inc.

PO Box 17305

Baltimore, MD 21297-0525

United States

Federal ID # 52-1146119

VOICE: +1 (703) 742-4777

FAX: +1 (703) 318-9125

E-MAIL: billing\ internic.net

********************************************************************************

E-MAIL INVOICE FOR DOMAIN REGISTRATION/RENEWAL

********************Please DO NOT REMOVE Version Number********************

Invoice Version Number: 1.1

********************Please see attached detailed instructions********************

In making payment for the invoice below, Registrant agrees to the terms and conditions of the current Domain Registration Agreement.

Invoice Information

1a. Invoice Number: 16017442

1b. Invoice Date: 23-DEC-1999

1c. Invoice Due Date: 21-JAN-2000

Domain Information

2a. Registered Domain Name: DAYDREAMISLAND.COM

2b. Period Covered: 18-DEC-1999 – 18-DEC-2001

2c. Amount Due: $ 70.00 U.S. Dollars

Thank you for registering the Internet/World-Wide Web domain name shown above. Timely receipt of payment will ensure registration services for the period noted above. This fee is non-refundable.

GENERAL INSTRUCTIONS

This will be the only invoice sent via e-mail. In a few days, you should receive a hard copy invoice via postal service to the above street address.

If you wish to pay by check, please wait for the hard copy invoice. It contains a scannable remittance stub and return envelope. To avoid delays in processing your payment DO NOT send a check to us with this e-mail invoice.

To Pay by Check:

Please use the remittance stub from the hard copy invoice you should receive shortly. If you so not receive a hard copy invoice within 7 days, please call us at (703) 742-4777.

To Pay By Credit Card or Confirm Payment:

We accept all major credit cards. Call (888) 771-3000 Toll-Free from the United States, Canada, Puerto Rico and the U.S. Virgin Islands.

Outside of these areas, call (402) 496-9798.

Both numbers are available 24 hours a day, 7 days a week.

Or: Go to https://payments.networksolutions.com on the World-Wide Web to use Network Solutions’ Secure Online Payment System.

To Pay on Account:

Send e-mail to account@internic.net and 16-digit account number.

For all other billing inquiries send e-mail to billing@internic.net (703) 742-4777 from 7:00am to 9:00pm Eastern Time.

ICANN - List of Exhibits for Alessandro Sorbello. Day Dream Island

2009-07-02T17:25:00.000-07:00

ICANN dispute No. AF 00586

Re: daydreamisland.com

List of Exhibits for Respondent

Exhibit No.	Description	Pages
1	Queensland Department of Natural Resources – Place Name Details Report	2
2	Commonwealth of Australia Trade Marks Act 1995	173
3	Classification Search Trade Marks	4
4	Company Names Search – Australian Securities and Investments Commission	2
5	Domains.com – Domain Registration Services printout for islands along eastern Australian Coast	13
6	Network Solutions Inc confirmation of registration of daydreamisland.com	2
7	NetRegistry Australia Search Result – daydream.net.au	1
8	Trade Mark Search Results various	4
9	Copy Letters Daydream Island Pty Ltd to Respondent dated 21 June 2000 and 19 July 2000	4
10	Copy Letter redchip Lawyers to Respondent dated 25 August 2000	6
11	Print outs Brower search results - various	8
12	Copy print out re Complainant’s Trade Mark showing “Endorsement”	5