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BMW v. BMw

An anything.id domain name dispute that has spilled into the media may well go on to test PANDI's PPND dispute resolution policy.

Indonesia’s domain name administrator, PANDI, commenced a sunrise period for anything.id domains on 20 January 2014.  During this time, proprietors of corresponding trademark rights were able to apply for registration of anything.id domains (see our post here).  German automotive company BMW apparently did not, and later on (16 April 2014) an individual named Benny Muliawan secured registration of www.bmw.id.  Legitimate, he says, because his initials are “BMw” (see Detik story here, and Tribune News story here).

The dispute appears to be in its early stages.  BMW (through its attorney) sent a warning letter to BMw, presumably expressing concern about consumers being mislead, and perhaps threatening litigation.  BMw argues in response (in the media, at least) that BMW missed the sunrise period, and he that has no intention to ride on the fame of the BMW brand.  The chairman of PANDI’s Socialisation and Communication division, Sigit Widodo, says this is the first anything.id dispute he’s aware of, and that PANDI is prepared to assist by arranging mediation ahead of activating PANDI’s dispute resolution policy (the PPND - Penyelesaian Perselisihan Nama Domain).  He also confirmed that litigation was also an available option.

Here’s the twist. BMw is an IP Consultant (a.k.a. patent/trademark attorney) and the founder of BNL Patent (see BNL Patent’s website here).  He apparently does a lot of work for SMEs, and appears to have achieved some good publicity here as someone who is prepared to take on even the world’s most established brands.  There doesn’t appear to be any content posted at www.bmw.id, but perhaps we can expect to see something soon.

Here is a photo of BMw holding the warning letter he received from BMW’s attorneys in his right hand, and his book ‘8 Ways To Get a Registered Trademark in his left as published in Kompas):