Country channel wins fight over name

The Country Channel has held on to its internet domain name after a British internet TV channel with a similar name tried to force a change.

The Sky subscription channel succeeded in overturning a controversial intellectual property rights decision.

Investor Andy Tyler said the original ruling could have opened floodgates to complaints from overseas companies that had little presence in New Zealand.

It was the first appeal against a decision by the Domain Names Commission under its dispute resolutions service and some believe it sets a precedent that strengthens domain name rules. Tyler said the company was "gobsmacked" when an earlier complaint asking to remove the website was upheld by the dispute body expert, retired High Court Judge Barry Paterson.

Had it lost its appeal, its brand name could have come under attack, Tyler said.

"It would have opened the door for websites with no New Zealand presence restricting domain names here," he said.

Country Channel lawyer Howard Thompson - from McMahon Butterworth Thompson - said the legal issues over domain names was still relatively new in this country.

The row harks back to last July when the New Zealand subscription channel planning to launch on Sky TV approached the Country Channel in the UK, which broadcasts on the internet from www.countrychannel.tv.

The UK channel also has a 10-hour selection of Country Channel programming running on the Sky Information Channel in Europe.

"We had approached them to buy programming which they refused," Tyler said.

The British internet channel complained that Country Channel New Zealand would be trading directly across them in the marketplace.

"We have viewers throughout the world, including New Zealand, and broadcast content about all countryside issues," the British channel told the Domain Names disputes body.

"The existence of a new channel, with a name and remit identical to our own, will undoubtedly cause confusion in the marketplace for our audience, our advertisers, our sponsors and hamper our channel and our business development."

But Country Channel New Zealand said the British company had provided no evidence that it had a significant viewership or market presence in New Zealand. The appeal panel overturned the earlier decision.