Dr. Foot has been using the name “ACHILLES PILLOW” for his “medical shoe” for the last five years. He wants to register ACHILLES PILLOW as a domain name for his web site.

Dr. Foot has been using the name “ACHILLES PILLOW” for his “medical shoe” for the last five years. He wants to register ACHILLES PILLOW as a domain name for his web site. 

A “whois” search has, however, revealed that the domain name achillespillow.co.za was registered by Jane in 2013.

Jane is a former patient and a fan of Dr. Foot. Jane’s achillespillow.co.za web site contains the following phrase: “He has his Dr. Foot in the door” and a link to information on the symptoms of Achilles tendinitis on www.drfoot.org. She has also uploaded testimonials of other patients that were successfully treated by Dr. Foot. She also markets her new foot cream on the web site.

You are approached by the interested parties seeking advice on how to lodge a complaint in accordance with the South African alternative dispute resolution procedures.

Answer the following questions which Dr. Foot and Jane put to you:

(a) Explain the difference between trade-mark infringement and cyber-squatting.(5)

(b) How can Dr. Foot prove that he has “rights” in respect of the name “Achilles Pillow”? (5)

(c) How can Dr. Foot prove that achillespillow.co.za is an abusive registration? 

(5) (d) Advise Jane on the defences she might raise in terms of the ADR procedure?

(10)

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