RE: ANZAC (Anatolian New Zeytin Agricultural Co-op)
I. ISSUE Does ‘‘www.anzac.com.tr’’ infringe the domain name policy and will it be cancelled or transformed ?
II. SHORT ANSWER
Yes, ‘‘www.anzac.com.tr’’ infringes the domain name policy
III. FACTS Anatolian New Zeytin Agricultural Co-op (ANZAC), which helps a collective group of olive growers and manufacturers in Turkey for 20 years, launched a website called <www.anzac.com.tr> in English, in January 2013 to inform the global market about Turkish olive agriculture. The website includes comprehensive information about the olive industry in Turkey.
Records show that the Co-op’s website had 100.000 hits from around the world during 15 months but since no products are sold on this website, it did not bring any income to the Co-op. The Complainant, Australian Department of Veteran Affairs (DVA), is a governmental support organization for people who have served or are serving in the Australian Defence Force. The lawyers claim that the Co-op’s domain name Anzac , which is known and used in Australia to refer to the Australian and New Zealand Army Corps that fought in Gallipoli during World War I against the Turkish army, infringes on the DVA’s rights because the domain name that the Co-op using in bad faith they said, is confusingly similar to the use of the word ‘Anzac’ and they contend that the Co-op may unlawfully benefit from this symbolic name considering 100th Anniversary of the Gallipoli