X-Tend-A-Wall

"This web page and the accompanying domain name X-Tend-A-Wall.co.za has been used over the last few months by a group of individuals claiming to have rights to the X-Tend-A-Wall trade mark and other intellectual property associated with the brand X-Tend-A-Wall such as the patented and engineer approved extension sleeve.

Head office has now officially won the domain dispute and the South African Institute of Intellectual property law has instructed the registrant to hand over the domain to the rightful owners. Below are extracts from the adjudicators findings:

 

4.2 Abusive Registration

4.2.1 It is common cause that Complainant intends to extend its business operations to other locations in South Africa to exploit and enjoy the benefits of its common law trade mark, and that since a Domain Name in the .co.za Domain covers the whole of South Africa, the actions of the Registrant are frustrating this intention and furthermore will very likely lead to confusion of the public as to whom they are dealing with. The Complainant has pointed out that the disputed domain name registration not only prevents the complainant from registering x-tend-a-wall.co.za as its own domain name but also prevents the Complainant from operating a website from such domain name. This has the effect of being detrimental to the business of the Complainant unfairly inter alia because the Complainant is prevented form using its business style and common law trade mark as a domain name to attract customers and to promote its business.

4.2.3 Accordingly, the Adjudicator finds, on a balance of probabilities, that by registering the disputed domain name, the Registrant has acted unfairly detrimentally to the business of the Complainant.

5. Decision

For all the foregoing reasons, in accordance with Regulation 9, the Adjudicator orders that the domain name, x-tend-a-wall.co.za be transferred to the Complainant.

 

The Patent Litigation Against X-Tend-a-Wall Cape

Head Office has also won a default judgment against the defendant, Mathew Wilkinson, Johnathan Wilkinson and "X Tend A Wall cape CC" for the unauthorised use of the Patented Extension sleeve.

 

General Warning

We would like to urge anyone in the Cape town and Port Elizabeth areas, and in South Africa in general, to use be cautious when using contractors for renovations or building purposes.

Always check the credentials of any contractor thoroughly and contact X-Tend-A-Wall Head Office on the details below should you not be absolutely certain.

We are currently setting up a national franchise network and we will advise the general public via our official web sites of how to know if your walling contractor is an official X Tend A Wall or Mend A Wall franchisee.

 

Please see our official web site: www.xtendawall.co.za
for information on our service and product range.

 

Should anyone have any information that could assist us in protecting the X Tend A Wall brand against such fraudulent contractors, please do not hesitate to contact me directly on the details below."

 

Regards

Ryan Barnard - 082 886 3996