Al Yah Satellite Communications - Essay Example

Al Yah Satellite Communications Al Yah Satellite Communications is a private company established in 2007 in the United Arab Emirates. As a joint-stock enterprise, the company is wholly owned by Mubadala. This implies that Al Yah Satellite Communications exists as one of the major subsidiaries of Mubadala Development Company. Mubadala is universally acclaimed as the investment and strategic wing of the Government of Abu Dhabi. The fact that Abu Dhabi serves as the capital of the United Arab Emirates renders Al Yah Satellite Communications as an ideal firm for this assignment (Staff, 2011). The commercial and sales strategy of Mubadala revolves around the creation of long-term investments that yield credible returns. It also prioritizes capital-intensive projects with high-risk factors. Al Yah Satellite Communications has enjoyed plenty of successes since its incorporation in late 2007. The company has undertaken broad research programs so as to create a multipurpose satellite network. This system comprises of two satellites supported by an intricate network of infrastructure. Meaningful interactions with consumers have also contributed to making this the first multipurpose satellite system within the United Arab Emirates. Al Yah Satellite Communications has developed an in-depth understanding of specific requirements of the Middle Eastern market (Staff, 2011). Therefore, it has been able to create workable solutions not only for the surrounding region, but also for continental territories. Moreover, the company has satisfied the satellite needs of the Abu Dhabi government. Company Policy of Taking Cases to Court Al Yah Satellite Communications is a pioneer in the field of satellite communications. Therefore, it is expected that the corporation will have issues at law concerning copyrights. These legal matters would be geared towards either defending their exclusive blueprints or patenting their unique productions. Whenever there is an alleged problem, the complaint is addressed either to the company directly or through the customer service section. The company lawyers are contacted so as to handle the matter in a manner that limits the liability of the enterprise. In the event where a favorable settlement cannot be obtained, the company takes the issue to court (Staff, 2011). The company lawyers are instructed to file charges only as a last resort. From that time forward, the court system is responsible to conduct conclusive investigations so as to examine the merits of the complaint. The courts issue a ruling once all deliberations have been made. If punitive measures are published, the company adheres to the decisions of the court. The company follows these procedures whether it serves as the plaintiff or the defendant. In matters where an internal issue was taken to court, the company reserves the right to inflict further punishment on guilty employees. Internal disciplinary proceedings are also opened against any employees who happen to violate any laws in the charter of the organization. In the event where a corporate partner acted against the best interests of the company, the firm usually severs all ties with the particular business by canceling pre-signed agreements (Staff, 2011). Contracts may either be suspended temporarily or revoked permanently depending on the nature of the transgression. Cases Taken to Court This section will examine three cases that Al Yah Satellite Communications decided to seek legal redress from the court system. One of the cases Al Yah Satellite Communications took to court occurred during the time that it in collaborated with Mubadala Trade Marks Holding Company, LLC. Apart from Al Yah Satellite Communications, other complainants included United Kingdom, Northern Ireland, Al Maisan Satellite Communications Company, LLC of Abu Dhabi, and Mubadala Trade Marks Holding Company, LLC. The respondent in the case was Emedia Development Ltd. of Sheerwater, Surrey of the United Kingdom. Over disputed domain names where each of the two companies claimed control of the domain names identified as “yahclick.com”and “yahclick.net” both of which were created in October 2008. “yahclick.com” and “yahclick.net” redirected to a pay-per-click landing page at “yahclick.co.uk”while “yahlive.com” redirected to a nearly-identical PPC landing page at "yahlive.co.uk." The final disputed domain name “yahlive.net” never presently resolved to active content (Bettinger, 2013). The “yahlive.co” domain name was apparently also acquired by Emedia Development Ltd. of Sheerwater. However, there was a serious dispute between the parties in claims as to when the Emedia Development Ltd. of Sheerwater assumed ownership of the domains, which has been further complicated by the historical use of a privacy service. All three companies that formed the complainant team were members of the same corporate, and cohort. Mubadala Trade Marks Holding Company and Al Maisan Satellite Communications Company were using the trademarks under internal license agreements. Mubadala Trade Marks Holding Company was the official holder of two UAE trademark registrations for the yahclick and yahlive marks as was registered by the registration of trademarks (Bettinger, 2013). Al Maisan Satellite Communications Company made use of the yahlive mark to issue direct-to-home television services over a vast geographic coverage whereas Mubadala Trade Marks Holding Company, in connection with satellite broadband services in the Middle East utilized the yahclick mark. Emedia Development Ltd. of Sheerwater as well claimed the ownership of the two registered domains for yahclick and yahlive, inside the United Kingdom. In the beginning, yahclick was registered on July 30, 2009 while yahlive was registered on May 15, 2009 (Commission, 2009). Both marks were noted for services within the 35th class. This category includes a provision for advertising services within an online context. The domain complaints were filed with the WIPO Arbitration and Mediation Center which via email transmitted to the Registrars an online request for verification as far as the disputed domain names were concerned. In their response to the question, the Registrars sent via email to the Center their audit responses confirming that the Emedia Development Ltd was appointed to provide contacts and served as the registrant. The three complainants were notified that the allegation lacked administrative merits (Bettinger, 2013). Consequently, Mubadala Trade Marks Holding Company, LLC, Al Maisan Satellite Communications Company, and Al Yah Satellite Communications filed an amended complaint on a later date. The claim in addition to the amended complaint was verified by the Center to have fulfilled the official WIPO rules pertaining to domain policy. Emedia Development Ltd. of Sheerwater made countless attempts to either ambush or delay the proceedings in the matter. This was subsequently followed by a succession of unnecessary requests for additional time to file the response. Center re-notified Al Yah Satellite Communications of the demands required by the respondent’s camp. Moreover, Emedia Development Ltd. of Sheerwater tried a number of attempts to delay the proceeding through presenting a portion of its legal response via paper, apart from the stipulated means. Emedia Development Ltd. of Sheerwater claimed that it was totally unaware of the complainants (Bettinger, 2013). In addition, Emedia Development Ltd. of Sheerwater argued a number of points concerning the complainants’ apparent lack of an officially recorded license agreement. It questioned the dates which the company was internally restructured and complained that the companies forming the complainants team seemingly only made use of very few employees.it also noted the times at which the complainants domain names came into active use, and questioned the Center’s practices. Emedia Development Ltd. of Sheerwater appealed for a finding of Reverse Domain Name Hijacking to be made against the three companies forming the complainants, unfortunately, the panel denied their request (Bettinger, 2013).This was because of lack of evidence in the case record to that would prove that the complainants had acted out of order in any manner designed to frustrate Emedia Development Ltd. of Sheerwater or could for any reason believed that their case had no chance of success on the merits. The ruling that was made from the preceding reasons was complaint is denied. Al Yah Satellite Communications was also embroiled in a court case with the Telecommunications Regulatory Authority (TRA) in 2010. Mubadala Development Company was seeking to acquire long-term licenses for its two principal subsidiaries. The courts ruled in favor of Al Yah Satellite Communications and Star Satellite Communications Company. Both companies were awarded irrevocable ten-year licenses by the judicial system. Al Yah Satellite Communications was granted a satellite license while Star Satellite Communications Company was granted not only a satellite services license, but also a broadcasting services license. The ruling was effected in mid-2010 (Jaime, 2014). However, the real announcement was not made until July 2010. However, the ruling also sought to safeguard a few interests of the Telecommunications Regulatory Authority. The license awarded to Al Yah Satellite Communications was strictly constrained to the provision of telecommunications services to the United Arab Emirates Government. On the other hand, the license granted to Star Satellite Communications Company allowed it to provide extensive telecommunications services to other high-end clients apart from the government. Therefore, businesses and individual consumers could satisfy their broadcasting and broadband needs. Al Yah Satellite Communications also had a court dispute with Telesat, one of the worlds largest providers of satellite services. The dispute concerned an apparent breach of contract by Al Yah Satellite Communications. In 2008, both companies had signed a binding, bilateral contract (Lele, 2012). The terms of the agreement stipulated the terms and conditions required of both parties. Telesat had been contracted to provide Al Yah Satellite Communications Company with consultation services during the building of the first two satellites pioneered by Al Yah Satellite Communications (Westlake, 2007). Telesat had been selected due to its high level of experience and technical expertise. The deployment of innovative and sophisticated satellite technologies would require the input of professional advisors and overseers. Nevertheless, Al Yah Satellite Communications had reneged on its pledge to retain Telesat as its bonafide provider of satellite technology. This conflict arose when Al Yah Satellite Communications announced plans to build a third satellite that would be unveiled in 2016 (Jaime, 2014). However, the court ruled in favor of Al Yah Satellite Communication. The company was not under obligation to retain Telesat as its provider of satellite technologies. Notwithstanding the past service of Telesat, Al Yah Satellite Communications would not be in contempt of court if it decided to go ahead with plans for a third satellite. References Bettinger, T. (2013). WIPO Arbitration and Mediation Center: Administrative Panel Decision. Retrieved from http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2013-0570 Commission, U. S. (2009). FCC Record: A Comprehensive Compilation of Decisions, Reports, Public Notices, and Other Documents of the Federal Communications Commission of the United States. New York: Federal Communications Commission. Dept., I.M. (2013).United Arab Emirates: Selected Issues. Riyadh: International Monetary Fund. Jaime, A. (2014). Yearbook on Space Policy 2011/2012: Space in Times of Financial Crisis. California: Springer Science & Business Media. Lele, A. (2012). Asian Space Race: Rhetoric or Reality? New Delhi: Asian Space Race: Rhetoric or Reality? Staff, I. M. (2011). United Arab Emirates: Selected Issues and Statistical Appendix. Mecca: International Monetary Fund. Westlake, M. (2007). Aerospace America, Volume 45, Issues 11-12. California: American Institute of Aeronautics and Astronautics. Read More