January 2003
Domain name issue driving the DVLA crazy
For some time now the Driver and Vehicle Licensing Agency have wanted to obtain the domain name www.dvla.com however it is already owned by a US company, DVL Automation. The DVLA's main argument was that because it owns the trademark "DVLA" it should automatically get dvla.com as they have evident goodwill and reputation in the name and evidence of widespread use and awareness of the name. The ensuing dispute went so far as to be heard by a specialist arbitrator at WIPO (World Intellectual Property Organisation).
WIPO ruled that the DVLA had acted in bad faith in bringing a claim against DVL Automation and its claim amounted to an attempt at reverse domain-name hijacking. They will therefore have to stick to using www.dvla.gov.uk.
BRIFFA Comment:
Previous case law, notably that of the term "easy" being applied to everything from aeroplanes to cinemas and cars by the charismatic character Stelios Haji-Ioannou, has shown that the argument of right by trade mark will not necessarily result in the simple handing over of a domain name registration.
Whilst there are often clear cases of a crackdown unscrupulous operators effectively hijacking domain names with the intention of making a profit (BT & others v. One in a million) it is now apparent that the "powers that be" are equally not prepared to tolerate a reverse of this with big companies bullying smaller ones who are unfortunate enough to share a similar name or purpose.
See also the earlier article entitled "Domain Name Registration Lost by Storm"