To Whom It May Concern The following a relevent points for discussion at the upcoming meeting re dns allocations The attached emails are perhaps a little confusing at first but the situation will become clearer to the reader as the progress through the following files Warren Perry 287 Clayton Rd Clayton Vic 3168 whippet§aardvark.apana.org.au >From - Thu May 08 14:08:29 1997 Message-ID: <337151BD.4B56§aardvark.apana.org.au> Date: Thu, 08 May 1997 14:08:29 +1000 From: whippet <whippet§aardvark.apana.org.au> Reply-To: whippet§aardvark.apana.org.au X-Mailer: Mozilla 3.01 (Win95; I) MIME-Version: 1.0 To: kre§munnari.oz.au CC: bartc§connect.com.au Subject: Domain Name Confusion Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-Mozilla-Status: 0001 Content-Length: 6193 Dear Robert Following recent discussions with Bart Canistra of connect.com I have been advised to contact you regarding the domain weddings.net.au. I have an Australian registered business No 1321533n under the registered name of weddings.net. On the 04\04\1997, I made application to connect.com.au through aunic.com for the domain weddings.net.au On the 20\04\1997 while looking for progress on my application through the aunic registry NAMESTAUS query I noticed the domain had been issued to my direct competitor Weddings Online pty ltd. I noted the date of application as 04\04\97. I then emailed to all addresses I could find relevant to the site. I received the following reply from Charles Brasted: "> > Dear Sir/Madam > > I have just noticed a new entry for the domain > > weddings.net.au > > I myself have an active application for this domain. > > The trading name of the company in the registry is Weddings Online > > My trading name is weddings.net (Registered Number 1321533n (VIC)) I see > a clear conflict here if a domain name is awarded to an opposing company > in my company's registered business name. Hi, Apologies for the delay in getting back to you on this, two applications for weddings.net.au were made on the same day, the one you see at AUNICs whois gateway was made first. As per the net.au policy, you will have to contact the owner of the said domain. Charles" As I read the domain policy, a dispute should be resolved by the parties concerned then connect.com notified as to the resolution of such a dispute. In my case, the dispute would appear obvious to the administrators of the domain names yet I was not even notified of a rival application. (Hardly giving me room for negotiation) The domain was allocated to my competitors in my Registered business name without even notifying me my application had been unsuccessful. I have made numerous attempts to contact the other party concerned who, it would appear at least, has done his level best to avoid any contact with me. Amongst email, voice calls, faxes and registered mail I sent the following letter to all concerned See Attached Subject: domain name application weddings.net.au Date: Fri, 25 Apr 1997 16:48:14 +1000 From: whippet <whippet§aardvark.apana.org.au> To: dcoles§mail.att.net CC: dbmon§connect.com.au, net-au-admin§connect.com.au, charlesb§connect.com.au, ccair§connect.com.au, paul§hyperlink.net.au, m.mitchell§aiit.net.au Warren Perry 287 Clayton Rd Clayton Victoria 3168 (03) 9544-3005 whippet§aardvark.apana.org.au 24/04/97 Weddings Online (ACN: T9550228) Suite 3, Level 2 Carbow Arcade 134 Mann Street Gosford NSW 2250 The Director/s I have recently noticed your application for the Internet domain name "weddings.net.au". I have an Australian Registered Business No.1321533N registered as "weddings.net". My business has national interests and the confusion and compromisation of fair-trading, should your company be allowed to obtain this domain using my trading name are obvious and need not be overstated. My application for the Internet domain name was made the same day as your application but my ARB registration clearly predates either application. I have made several attempts over the last few days to contact, by telephone, fax and email, Dominic Coles as the contact person listed by connect.com but have been unable to get a response. I seek the early resolution of this matter to minimize inconvenience and costs of both parties involved. Yours Faithfully, WARREN PERRY C.C. MAIL OFFICE OF BUSINESS AFFAIRS AND FAIR TRADING C.C. MAIL DOMINIC COLES C.C. EMAIL dbmon§connect.com.au C.C. EMAIL net-au-admin§connect.com.au C.C. EMAIL dcoles§mail.att.net C.C. EMAIL charlesb§connect.com.au C.C. EMAIL ccair§connect.com.au C.C. EMAIL paul§hyperlink.net.au C.C. EMAIL m.mitchell§aiit.net.au I fail to see how the resolution methods layed out in the net.au policy can be enacted when connect.com.au has given my trading name to my business rival without even notifying me of the potential for dispute. It would appear that the granting of the domain to my competitors is at odds with Part 5 Section 52 of the Trade Practices Act. (aside from being a blatantly obvious compromise of the ethics of fair trading) I have sought advice from the: Office of Fair Trading and Business Affairs Federal Ombudsman Telecommunications Ombudsmen Australian Consumer & Competition Commission Austel The overall impression from all these parties, who are each looking into the situation, is that common sense has taken a second place to some other issue. I have asked repeatedly for the time frame of the applications and have been repeatedly denied access to this. This only can lead one to wonder.......... why? I am not suggesting any impropriety but one can only wonder at the manner in which this matter has been handled by connect.com.au and Weddings Online. I believe that my business interests have been unreasonably compromised by this situation. I ask you please to review the situation if only to put the situation on hold until we have a resolution to this dispute Yours Sincerely Warren Perry whippet§aardvark.apana.org.au c.c. Office of Fair Trading and Business Affairs c.c. Jan Wade MP c.c. Office of the Federal Ombudsmen c.c. Office of the Telecommunications Ombudsmen c.c. Australian Competition and Consumer Commission c.c.email: Bart Canistra (bartc§connect.com.au} >From - Mon Apr 21 00:55:48 1997 X-POP3-Rcpt: whippet§aardvark Return-Path: charlesb§connect.com.au Received: from koro.off.connect.com.au (koro.off.connect.com.au [192.94.41.1]) by aardvark.apana.org.au (8.8.4/8.6.9) with ESMTP id QAA30951 for <whippet§aardvark.apana.org.au>; Sun, 20 Apr 1997 16:15:41 +1000 Received: from ollo.off.connect.com.au (ollo.off.connect.com.au [192.94.41.61]) by koro.off.connect.com.au with ESMTP id QAA06297 (8.8.5/IDA-1.6); Sun, 20 Apr 1997 16:15:37 +1000 (EST) Received: (from charlesb§localhost) by ollo.off.connect.com.au id QAA21521 (8.8.5/IDA-1.6); Sun, 20 Apr 1997 16:15:36 +1000 (EST) From: Charles Brasted <charlesb§connect.com.au> Message-ID: <199704200615.QAA21521§ollo.off.connect.com.au> Subject: Re: weddings.net.au To: whippet§aardvark.apana.org.au Date: Sun, 20 Apr 1997 16:15:35 +1000 (EST) Cc: net-au-admin§connect.com.au, m.mitchell§aiit.net.au In-Reply-To: <33597644.39E9§aardvark.apana.org.au> from "whippet" at Apr 20, 97 11:49:56 am X-Mailer: ELM [version 2.4 PL25] MIME-Version: 1.0 Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: 7bit X-Mozilla-Status: 0011 Content-Length: 1173 > > Dear Sir/Madam > > I have just noticed a new entry for the domain > > weddings.net.au > > I myself have an active application for this domain. > > The trading name of the company in the registry is Weddings Online > > My trading name is weddings.net (Registered Number 1321533n (VIC)) I see > a clear conflict here if a domain name is awarded to an opposing company > in my company's registered business name. Hi, Apologies for the delay in getting back to you on this, two applications for weddings.net.au were made on the same day, the one you see at AUNICs whois gateway was made first. As per the net.au policy, you will have to contact the owner of the said domain. Charles domain: weddings.net.au descr: Weddings Online (ACN: T9550228) descr: Suite 3, Level 2 Carbow Arcade descr: 134 Mann Street descr: Gosford NSW 2250 admin-c: DC14-CC-AU tech-c: DC14-CC-AU zone-c: DC14-CC-AU nserver: elausrv1.att.net.au nserver: elausrv2.att.net.au notify: dbmon§connect.com.au changed: net-au-admin§connect.com.au 970404 source: CCAIR >From - Tue May 06 23:44:52 1997 X-POP3-Rcpt: whippet§aardvark Return-Path: charlesb§connect.com.au Received: from koro.off.connect.com.au (koro.off.connect.com.au [192.94.41.1]) by aardvark.apana.org.au (8.8.4/8.6.9) with ESMTP id NAA26040 for <whippet§aardvark.apana.org.au>; Tue, 6 May 1997 13:15:56 +1000 Received: from ollo.off.connect.com.au (ollo.off.connect.com.au [192.94.41.61]) by koro.off.connect.com.au with ESMTP id NAA07063 (8.8.5/IDA-1.6); Tue, 6 May 1997 13:15:37 +1000 (EST) Received: (from charlesb§localhost) by ollo.off.connect.com.au id NAA23823 (8.8.5/IDA-1.6); Tue, 6 May 1997 13:15:36 +1000 (EST) From: Charles Brasted <charlesb§connect.com.au> Message-ID: <199705060315.NAA23823§ollo.off.connect.com.au> Subject: Re: weddings.net.au To: whippet§aardvark.apana.org.au Date: Tue, 6 May 1997 13:15:35 +1000 (EST) Cc: net-au-admin§connect.com.au In-Reply-To: <336E2A8A.2469§aardvark.apana.org.au> from "whippet" at May 6, 97 04:44:26 am X-Mailer: ELM [version 2.4 PL25] MIME-Version: 1.0 Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: 7bit X-Mozilla-Status: 0011 Content-Length: 1006 > > two applications for weddings.net.au were made on the same day, the one > > you see at AUNICs whois gateway was made first. As per the net.au > > policy, you will have to contact the owner of the said domain. > > > > Charles > > > Can you please forward me evidence of the reciept of applications > > regards > > warren perry Warren, We process applications in the order that we receive them. The admin contact for weddings.net.au is someone called Dominic Coles of AT&T Easylink. Really, it has very little to do with connect.com.au now, as weddings.net.au is now owned by another party, who have nothing to do with connect.com.au. [you can extract further contact info for Mr Coles by using whois -h whois.connect.com.au DC14-CC-AU] This should be clear from the net.au policy, and I really don't have anything to add to that, they applied first, so they got the domain. You have to go through them if you want to use weddings.net.au in any way. Charles >From - Wed May 07 14:02:35 1997 X-POP3-Rcpt: whippet§aardvark Return-Path: csb§connect.com.au Received: from koro.off.connect.com.au (koro.off.connect.com.au [192.94.41.1]) by aardvark.apana.org.au (8.8.4/8.6.9) with ESMTP id KAA01891 for <whippet§aardvark.apana.org.au>; Wed, 7 May 1997 10:34:07 +1000 Received: from bouglas.off.connect.com.au (bouglas.off.connect.com.au [192.94.41.55]) by koro.off.connect.com.au with ESMTP id KAA12598 (8.8.5/IDA-1.6 for <whippet§aardvark.apana.org.au>); Wed, 7 May 1997 10:34:02 +1000 (EST) Received: from connect.com.au (csb§localhost) by bouglas.off.connect.com.au with ESMTP id KAA27352 (8.8.5/IDA-1.6); Wed, 7 May 1997 10:34:01 +1000 (EST) Message-ID: <199705070034.KAA27352§bouglas.off.connect.com.au> X-Authentication-Warning: bouglas.off.connect.com.au: csb owned process doing -bs To: whippet§aardvark.apana.org.au cc: net-au-admin§connect.com.au Subject: weddings.net.au Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Date: Wed, 07 May 1997 10:34:00 +1000 From: Craig Bishop <csb§connect.com.au> X-Mozilla-Status: 0001 Content-Length: 793 Warren, In our role as the domain administrator for net.au. Connect have acted correctly and consistently with the existing policy for net.au domain names. If you have a problem and you wish to take it further the person who is responsible for .au who allocated us net.au to administer is Robert Elz <kre§munnari.oz.au>. However, I suggest you will not get very far there either. Any action you wish to take should be directed at your competitor not Connect. Through whatever process you like if you can convice your competitor to release the domain we will gladly allocate it to you. We will not be taking further action on this issue or responding to further email. Craig -- Craig Bishop - Technical Manager csb§connect.com.au http://staff.connect.com.au/csb/ >From - Fri Apr 25 16:48:14 1997 Message-ID: <336053AE.5CF2§aardvark.apana.org.au> Date: Fri, 25 Apr 1997 16:48:14 +1000 From: whippet <whippet§aardvark.apana.org.au> Reply-To: whippet§aardvark.apana.org.au X-Mailer: Mozilla 3.01 (Win95; I) MIME-Version: 1.0 To: dcoles§mail.att.net CC: dbmon§connect.com.au, net-au-admin§connect.com.au, charlesb§connect.com.au, ccair§connect.com.au, paul§hyperlink.net.au, m.mitchell§aiit.net.au Subject: domain name application weddings.net.au Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-Mozilla-Status: 0001 Content-Length: 1503 Warren Perry 287 Clayton Rd Clayton Victoria 3168 (03) 9544-3005 whippet§aardvark.apana.org.au 24/04/97 Weddings Online (ACN: T9550228) Suite 3, Level 2 Carbow Arcade 134 Mann Street Gosford NSW 2250 The Director/s I have recently noticed your application for the Internet domain name "weddings.net.au". I have an Australian Registered Business No.1321533N registered as "weddings.net". My business has national interests and the confusion and compromisation of fair-trading should your company be allowed to obtain this domain using my trading name are obvious and need not be overstated. My application for the Internet domain name was made the same day as your application but my ARB registration clearly predates either application. I have made several attempts over the last few days to contact, by telephone, fax and email, Dominic Coles as the contact person listed by connect.com but have been unable to get a response. I seek the early resolution of this matter to minimize inconvenience and costs of both parties involved. Yours Faithfully, WARREN PERRY C.C. MAIL OFFICE OF BUSINESS AFFAIRS AND FAIR TRADING C.C. MAIL DOMINIC COLES C.C. EMAIL dbmon§connect.com.au C.C. EMAIL net-au-admin§connect.com.au C.C. EMAIL dcoles§mail.att.net C.C. EMAIL charlesb§connect.com.au C.C. EMAIL ccair§connect.com.au C.C. EMAIL paul§hyperlink.net.au C.C. EMAIL m.mitchell§aiit.net.au >From - Tue May 13 02:18:34 1997 Message-ID: <337742DA.3BEA§aardvark.apana.org.au> Date: Tue, 13 May 1997 02:18:34 +1000 From: whippet <whuippet§aardvark.apana.org.au> Reply-To: whippet§aardvark.apana.org.au X-Mailer: Mozilla 3.01 (Win95; I) MIME-Version: 1.0 To: glen.barnwell§accc.gov.au Subject: Regarding Telephone Conversation 12/05/1997 re weddings.net Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-Mozilla-Status: 0001 Content-Length: 998 Dear Glen In reference to the telephone call I made to you in reference to my business name being allocated to my direct competitor. My business name is weddings.net the domain in question is weddings.net.au The rival company is called Weddings Online (NSW). I have since been contacted by Mr. David Jackson Gross the director of the above company. He is quite happy to follow whatever directive is given by the acting authority. He claims to treat the address like a street address. I do not believe this to be valid when the trend among companies globally is to use their trading name as their Internet address i.e. microsoft.com accc.gov.au connect.com.au pepsi.com ibm.com abc.com.au Further, the policy states that the name must be a direct derivative of the trading name. http://registry.connect.com.au/cgi-bin/na-policy.cgi I would ask you to please give this matter your immediate attention Yours Sincerely Warren PerryReceived on Tue May 13 1997 - 18:22:36 UTC
This archive was generated by hypermail 2.3.0 : Sat Sep 09 2017 - 22:00:02 UTC