Guntree v Gumtree: Nominet orders gun ads site must lose domain

Oh, and there's no such thing as a 'gun tree'


Gumtree has taken ownership of the Guntree web domain after dot-UK registry Nominet ruled that the classified ads webite for guns and ammunition was similar enough to Gumtree to constitute an “abusive registration”.

Guntree, as its name strongly suggests, is a classified ads website that allows users to place adverts for firearms, ammunition and related products. Its UK domain, guntree.org.uk, was registered in 2013 according to Nominet.

Gumtree, as any fule kno, is a general classified ads website. As its submission to Nominet noted, it is a wholly owned subsidiary of eBay and has been operating in the UK since the year 2000.

Gumtree complained to Nominet’s Dispute Resolution Service in July this year that South Africa-based Guntree’s domain was an abusive registration that effectively infringed Gumtree’s trademarked name.

“The Complainant notes that the words 'gumtree' and 'guntree' are identical save for the letters 'm' and 'n', adding that this difference is found in the middle of each word and that both start with the same letters. The Complainant submits that the difference is therefore easily lost, particularly as the letters 'm' and 'n' are visually and orally similar, sounding almost the same if spoken,” noted Nominet’s independent expert who ruled on the complaint, Andrew Lothian.

Guntree denied its name infringed on Gumtree’s rights, saying there were “sufficient dissimilarities between the Domain Name and the Complainant’s mark to prevent confusion, adding that no instance of confusion has occurred in the last four years.”

It added that the word gun “is descriptive of its services whereas 'gum' has no relevance to the Complainant’s business. The Respondent contends that anyone who visits the different websites will see the difference and cannot be confused or misled, adding that confusion will be impossible or highly unlikely.”

Further, Gumtree specifically prohibits gun-related ads, whereas Guntree exists to serve that market.

Guntree also gave Nominet a printout of a Google search for the terms “gun+tree”. Gumtree was unimpressed by this, shooting back: “the Respondent’s explanation regarding its selection of the term 'guntree' is not plausible and that no reason has been provided why an artistic concept of a tree made of guns or wood would lead the Respondent to select the name for its services.”

Nominet was unimpressed with this, saying: “The explanation is tenuous to say the least.”

Dismissing Guntree’s arguments, Lothian ruled that the guntree.org.uk domain name was an abusive registration that infringed on the trademarked Gumtree name, and ordered that it be transferred to Gumtree immediately. ®

Similar topics


Other stories you might like

  • VMware claims 'bare-metal' performance from virtualized Nvidia GPUs
    Is... is that why Broadcom wants to buy it?

    The future of high-performance computing will be virtualized, VMware's Uday Kurkure has told The Register.

    Kurkure, the lead engineer for VMware's performance engineering team, has spent the past five years working on ways to virtualize machine-learning workloads running on accelerators. Earlier this month his team reported "near or better than bare-metal performance" for Bidirectional Encoder Representations from Transformers (BERT) and Mask R-CNN — two popular machine-learning workloads — running on virtualized GPUs (vGPU) connected using Nvidia's NVLink interconnect.

    NVLink enables compute and memory resources to be shared across up to four GPUs over a high-bandwidth mesh fabric operating at 6.25GB/s per lane compared to PCIe 4.0's 2.5GB/s. The interconnect enabled Kurkure's team to pool 160GB of GPU memory from the Dell PowerEdge system's four 40GB Nvidia A100 SXM GPUs.

    Continue reading
  • Nvidia promises annual datacenter product updates across CPU, GPU, and DPU
    Arm one year, x86 the next, and always faster than a certain chip shop that still can't ship even one standalone GPU

    Computex Nvidia's push deeper into enterprise computing will see its practice of introducing a new GPU architecture every two years brought to its CPUs and data processing units (DPUs, aka SmartNICs).

    Speaking on the company's pre-recorded keynote released to coincide with the Computex exhibition in Taiwan this week, senior vice president for hardware engineering Brian Kelleher spoke of the company's "reputation for unmatched execution on silicon." That's language that needs to be considered in the context of Intel, an Nvidia rival, again delaying a planned entry to the discrete GPU market.

    "We will extend our execution excellence and give each of our chip architectures a two-year rhythm," Kelleher added.

    Continue reading
  • Now Amazon puts 'creepy' AI cameras in UK delivery vans
    Big Bezos is watching you

    Amazon is reportedly installing AI-powered cameras in delivery vans to keep tabs on its drivers in the UK.

    The technology was first deployed, with numerous errors that reportedly denied drivers' bonuses after malfunctions, in the US. Last year, the internet giant produced a corporate video detailing how the cameras monitor drivers' driving behavior for safety reasons. The same system is now apparently being rolled out to vehicles in the UK. 

    Multiple camera lenses are placed under the front mirror. One is directed at the person behind the wheel, one is facing the road, and two are located on either side to provide a wider view. The cameras are monitored by software built by Netradyne, a computer-vision startup focused on driver safety. This code uses machine-learning algorithms to figure out what's going on in and around the vehicle.

    Continue reading

Biting the hand that feeds IT © 1998–2022