Domain Name Dispute Determined

A Western Australian business sought to register a Domain Name similar to its business name, and found it was registered to another similar business. It attempted, unsuccessfully, to contact the business that had registered the subject Domain Name, to negotiate the transfer of the Domain Name. And so it served a Complaint on Institute of Arbitrators and Mediators Australia (IAMA) in accordance with the .au Dispute Resolution Policy.

IAMA forwarded the Complaint to the Respondent, giving the respondent 20 days to provide his Response, in the manner prescribed.

No Response was received by IAMA, as at 6 May 2008.

IAMA appointed Steve Lieblich as Panellist in this matter on 9 May 2008.

Steve issued a letter of inquiry to the parties inviting their responses by 16 May 2008. The Complainant responded on 13 May. The Respondent responded partially on 14 May, advising that he was awaiting further advice before responding in full, then again, partially, on 16 May.

Steve rendered his decision on 23 May 2008. He decided that the domain name, registered to the Respondent, shall be transferred to the Complainant, because

(i) The Domain Name is identical or confusingly similar to the Business Name which the Complainant has registered with the WA Department of Consumer & Employment Protection

(ii) The Respondent claimed no rights or legitimate interests in respect of the Domain Name. and offered no other evidence of any similarity of the Domain Name with its company, business or other legal or trading name, as registered with the relevant Australian government authority; or any personal name associated with the Respondent.

(iii) The Domain Name had been registered or subsequently used in bad faith. The Respondent verified that the Domain Name was used to attract traffic searching for terms similar to that name, and described no other use of the URL.

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iDelve selected for Western Power

Amristar will convert its pilot OPERATIONAL GEOGRAPHIC VIEWER for the ELECTRICITY NETWORKS CORPORATION of Western Power (WP), into a permanent operational system.

WP, which is responsible for the distribution and transmission of electricity in Western Australia, required a mapping system to enable rapid response to faults and trouble calls within their 88,000km network. The solution had to integrate with existing applications and spatial data infrastructure and perform swiftly over wide area networks for bandwidth-limited regional users, even while including satellite and aerial imagery.

Amristar developed a pilot web mapping system (GeoViewer) for WP to monitor their electricity network and manage faults responses. Using iDelve technology, GeoViewer seamlessly integrates with WP’s Network Management System, Trouble Call System and Call Taker System. The system provides a real-time spatial view of their assets, outages, and mobile vehicles.

A few days ago, WP decided to make the GeoViewer pilot a permanent part of their operational systems. Highly responsive, reliable and securely accessible by regional offices,  GeoViewer improves Western Power’s productivity and service levels.
Lieblich & Associates is a significant shareholder in both Amristar and iDelve and Steve Lieblich is the Chairman of their Boards of Directors.

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Construction Contract Dispute Resolved by Mutual Agreement

A residential construction company entered into a dispute with its steel fabriction and erection contractor over a series of claims representing approximately 15% of the total contract value.

Steve Lieblich was appointed Arbitrator in the matter by the Institute of Arbitrators and Mediators Australia. After a Preliminary Conference in March, the parties submitted their

* Claim,
* Defence and Cross Claim
* Reply and Defence of Cross Claim
* Rejoinder to the Defence of Cross Claim

These interlocutory proceedings were completed in September 2007.

Steve considered the material submitted and then provided the parties a detailed anaylisis of the issues in the matter, complete with a spreadsheet analysis of the quantum of the various cliams, but without expressing any view of the merits of the arguments. He issued further directions noting that the analysis he had provided did not reflect any determination or opinion in relation to the validity or merit of the claims, and requesting that the parties’

* respond to a list of questions by 30 October 2007, and provide a copy to the other party
* provide him with their reply to the other party’s response (if any) by 13 November 2007.

The parties advised, having had the opportunity to consider their respective positions, that they wished to suspend the arbitration in order to seek a resolution by direct negotiation.

They subsequently confirmed that they had resolved the matter by negotiation and mutual consent.

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Rapid Adjudication under the Construction Contracts Act

A major national engineering construction contractor and local engineering subcontractor entered into a Contract in March 2007 pursuant to which the Applicant was to carry our civil works to the value of $1.7m at a Western Australian location.

In December 2007, the subcontractor submitted a Payment Claim in the sum of approximately $400k.

The contractor served the subcontractor with a Notice of Claim for damages and a right to set-off or deduct from any payments due. A dispute arose, and the subcontractor sought adjudication under the Construction Contracts Act (WA). The Institute of Arbitrators and Mediators Australia appointed Steve Lieblich as Adjudicator.

Steve found that the subject payment dispute arose with the serving of the Notice of Claim for damages.

Despite a conference in which the parties were encouraged to settle the dispute by negotiated mutual consent, the parties asked Steve to determine the matter.

He found that the Respondent was liable to pay the Applicant the sum of approximately $300k of the Payment Claim, as follows: the full amount claimed in the Payment Claim, less approximately $70k of liquidated damages and approximately $20k for damages pursuant to delays to a portion of the works, which may be due and thus may be deducted as a set-off amount from the Payment Claim in accordance with the Contract.

The contractor was also liable to the subcontractor one half of the adjudication costs, plus interest on the outstanding sum.

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Building Services Dispute Successfully Resolved

A major Western Australian Government Agency and one of its long-standing building services providers approached us in November 2006, to assist with resolution of a dispute about a maintenance contract.

The parties agreed that Steve Lieblich shall determine the matter as arbitrator, in accordance with the Rules of the Institute of Arbitrators and Mediators Australia.

We directed the parties to provide points of claim, defence and counterclaim, reply and defence to counterclaim, and rejoinder. After analysis of these interlocutory submissions, Steve the directed the parties to provide specific information in further submissions.

After receipt of these further submissions and detailed analysis of the matters at issue, Steve presented his thoughts (but no determination or award) to the parties, and suggested a number of alternative procedures to resolve the matter.

With the benefit of having completed some interlocutory proceedings and having heard Steve’s analysis, the parties elected to attempt to resolve the matters by direct negotiation, and in the event that this was not successful within an agreed brief period, also authosied Steve to adopt an expedited determinative arbitral procedure that minimised the costs of completing the arbitration.

The parties agreed to resolve the matter by consent. Steve assisted them to document that agreement. The resolution thus preserved the commercial realtionship between the parties, facilitating a mutually beneficial continuation of their contract, and also minimised the costs of resolution.

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Verint awarded a major contract in WA

Today, Verint Systems was awarded another major contract in Western Australia: to implement and support a Lawful Interception, Mediation and Administration System for a major Internet Service Provider.

Lieblich & Associates represented Verint in promoting the application of their technology and in closing the sale. The value of the contract is approximately $0.5million.

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Landgate Embraces iDelve System

Landgate, the Western Australian Government Statutory Authority (formerly the Department of Land Information) today confirmed its acceptance of the iDelve Proof of Concept for its Shared land Information Platform (SLIP) Project and intentions to deploy the map viewing capability within weeks.

Landgate’s CEO further announced plans for broader use of iDelve within the Authority, with initial implementations outside SLIP planned for July 2007.

This resounding acceptance and endorsement of the iDelve system provides a prestigious reference and a springboard for further commercialisation of the company.

iDelve is an associate of Lieblich & Associates, and Steve Lieblich is its Chairman.

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iDelve Receives AusIndustry Funding

Industry Minister Ian Macfarlane today announced that iDelve has been awarded an Australian Government Commercialising Emerging Technologies (COMET) grant to help commercialise a new means to publish maps on the Internet.

Mr Macfarlane said that iDelve’s innovative new communications protocol for maps enables the building of highly interactive applications that may be accessed over the Internet which would not be feasible with traditional techniques.

“Their major product offering is a software system that serves spatial data online. It presents an interactive client/server mapping interface to the user via a web browser, and also enables users to directly access and overlay maps from many sources, on-line.” Mr Macfarlane said.

“Many government agencies are already using the iDelve technology, including the WA Department of Land Information which has chosen the it for the enabling framework in its whole-of-government Shared Land Information Platform project.”

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Presentation at the Melbourne Commercialisation Expo

Steve Lieblich presentated “iDelve Hyper-interactive Web Mapping” at the Melbourne Commercialisation Expo, 19-20 June 2006, with the aid of a grant from the WA Department of Industry and Resources . The paper described early-stage commercialisation of the revolutionary iDelve Web mapping technology developed in Western Australia.

The paper explained that iDelve is a revolutionary technology for delivering maps as a web service – usually as part of a service or application that incorporates the maps

Geographic Information Systems (GIS) are resource-intensive applications of ICT and therefore implementation of a distributed architecture on a constrained-bandwidth network (such as the Internet) is challenging.

iDelve was purpose-built for quickly and efficiently interacting with maps in Web applications. It is quite different to the traditional paradigm for serving maps on the Internet. The technology focuses on functionally delivering the most via the Internet.

Hyper-interactive
iDelve’s revolutionary technology delivers a natural, intuitive, very fast user experience, which we call “hyper-interactive” .

The user interacts (on screen) with live objects and associated meta-data cached on the client machine. The screen view is assembled from available data, even while additional data is streaming to the client. This eliminates the frustrating “click & wait” experienced with traditional technologies.
Distributed infrastructure / data management

Bandwidth constraints force applications using traditional technologies to aggregate all the spatial data needed for an application, on a single server. This requires replication of infrastructure and data, and also of the human resources to manage those replicated sets of infrastructure and data.
iDelve servers contain a powerful integration engine that seamlessly accesses and integrates different kinds of data in-situ from various local and remote sources. Data types include vector, raster and attribute information.

INITIAL COMMERCIALISATION ACHIEVEMENTS
The iDelve system was originally developed in Western Australia and first released in 2002. Initial prototypes included systems for a spatial data custodian with remote customers and for a real-estate portal. System development and enhancement opportunities were identified in dialogue with the users of the prototype systems, and with other prospective users.

A key challenge in the initial commercialisation relates to the introduction of a new paradigm for publishing maps via the Internet. (this is a common problem in  our industry.) Prospective users and even their ICT advisers were initially not aware of the capabilities of iDelve (or didn’t understand their potential impact) and therefore tended to conceive of new applications on the basis of traditional, web maps. Our response to this challenge included:

  • Working with customers who are innovators and have the vision to appreciate the new paradigm and adopt it to advantage in their enterprise. Either they are receptive and prepared to take the time to understand and incorporate the technology in their conceptual planning or they are prepared to take the advice of experts and consultants.
  • Being prepared to provide the “total” business solution so that the customer receives software, services, data etc bundled with the iDelve software, and that the bundle as a whole provides the business benefits that the visionary customer needs, to justify the investment. When the paradigm is new, there are few integrators and added-value service providers who can complete the total solution. So we have to show the way, by doing it ourselves
  • Focussing on one or two market niches. As a small, self-funded start-up, we have to very carefully marshal our resources. Trying to be a total solutions provider across a broad market would spread us too thinly.

This meant that although we envisage iDelve as a global product and therefore need to build a “product house”, our early steps in commercialisation require us to behave like an integrator or “total solutions provider”. We created two separate corporate entities: iDelve Pty Ltd, the owner of the IP and nucleus of the product house; and Amristar Solutions Pty Ltd, a total solutions integrator and reseller of the iDelve software.

Lieblich & Associates is a significant shareholder in both Amristar and iDelve and Steve Lieblich is their Business Development Director.

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