Allen Bolderoff wrote:
> 
> ----------
> > From: Tom Minchin <tom&#167;iacom.com.au>
> > To: dns&#167;intiaa.asn.au
> > Subject: Re: DNS: Re: Domain Names - .COM - what a DNA can fear/expect.
> eventually - forinterest.
> > Date: Friday, 6 December 1996 9:56
> >
> > > Simon Hackett Wrote:
> > > > >
> > > > >Fry's fights for 'Frys'
> > > > >
> > > > >Electronics giant sues Frenchy Frys owner for rights to domain name
> > > > >
> > > What if we were to make it a condition of registering under iether 2ld
> that
> > > the prospective domain names under different 2ld's - ie frys.com.au,
> and
> > > frys.biz.au be owned by entirely different corporations?
> > > This gives the ability for more than one to have the domain they want
> > > (within reason), and not have to fight for it.
> >
> > What will happen is "widget.com.au" will sue "widget.biz.au" (a newcomer)
> > for diluted their name. What most of the court battles in the US have
> been
> > about is the actual name (ie "widget"), not the domain extension
> (".com.au").
> >
> > Do you really think Telstra's Fish and Chip Shop (lovely lady) can have
> > the domain "telstra.biz.au" without a visit from the dogs of law?
> >
> > Having biz.au will allow more identical names, however, it'll sure open
> > up a great gold mine for lawyers ("(s)he's using your good name and
> reputation
> > without your permission!"). I wonder if there will be an iinet.biz.au and
> > an internode.biz.au - and who will register them.
> >
> > tom&#167;iacom.com.au
> 
> Yes, true, but if the person registering the name has a Valid Business
> Registration with ASC (corp affairs or whatever) with the respective name,
> - The big guy is gonna sue them for using the corporate name all round, not
> just because he has the same name in the .biz.au domain.
> Also if it is a Policy of the 2ld, that the same entity cannot register
> BOTH bob.biz.au AND bob.com.au, only one or the other, AND as a
> prerequisite they MUST be holders of the VALID & CURRENT Business Name
> relating to the particluar domain.
> 
> Try and register the name Telstra Fish & Chip shop with the ASC, - i think
> you will have some major problems with that somewhere.
> Thererfore  - No Registered Business Name, No DNS Name

Hi Allen

I think you will find that the ASC and state name registration
authorities wouldn't object to the Telstra Fish and Chip shop anyway and
in any case it may have been lodged by Mr and Mrs Telstra. The red
herring with the Frys example is that of on-selling the name at a hefty
profit. If there were 2 genuine Fry's businesses in different spheres,
the case wouldn't get very far since the late-comer would not be able to
demonstrate its case.

Warm regards
Gary