I agree in principle with David's treatment of brands, trademarks and
goodwill, however it's application to domain names can run into practical
issues.  Example:

I wish to register jsmith.com.au as my registered company name is jsmith and
company consulting - I cannot do this as the jsmith ARBN actually belongs to
jsmith, a small concreting company with no internet thoughts at this point
in time.  I have to end up registering jsacc.com.au - not the preferred
option from a marketing/brand name perspective.

jsmith.com.au may never be registered.

Is a legitimate (real intended user) first come, first served approach valid
in this scenario?

Is there a standing legal treatment of a domain name - The discussion group
has likened it to real estate, brandnames etc.  Each carries it's own
approach to 'ownership', tradeability etc and can provide vastly differing
scope for how we approach the subject.

Haydn Neal
Morgan & Banks

> -----Original Message-----
> From:	David_Wise§fhp.com.au 
> Sent:	Wednesday, 7 July 1999 5:50 PM
> To:	dns§waia.asn.au
> Subject:	RE: [DNS] Give Austalian Business a go
> 
> 
> 
> I agree that there needs to be restrictions in place to prevent people
> from registering domain names that would allow them to take advantage of
> someone else's pre-exisiting brands, trade marks or goodwill.   I would be
> interested to hear from anyone who disputes that.
> 
> David Wise
> Freehill Hollingdale & Page
> Brisbane
> 
> My views are not necessarily those of my employer.
> 
> 
> 
> 
> 
> 
> 
> 
> Mark Nearhos <mjn&#167;cia.com.au> on 07/07/99 05:26:54 pm
> 
> Please respond to dns&#167;waia.asn.au
>                                                               
>                                                               
>                                                               
>  To:      effectivebusiness&#167;pplications.com.au,               
>           dns&#167;waia.asn.au                                     
>                                                               
>  cc:      (bcc: David Wise/Sydney/FHP/AU)                     
>                                                               
>                                                               
>                                                               
>  Subject: RE: [DNS] Give Austalian Business a go              
>                                                               
> 
> 
> 
> 
> 
> 
> At 04:19 PM 7/7/99 +1000, Mark Hughes wrote:
> [snip]
> > If we believe that having rules for eligibility and restrictions on
> > generic names delivers benefits, then we should be able to support
> > that belief by showing how a lack of such rules has caused problems in
> > .nz, .com, .net, etc.
> [snip]
> 
> Re: rules for eligibility of names and how lack of them have caused
> problems.
> 
> US Congress, ICANN and WIPO appear to have a problem with FCFS (though not
> with generic names).
> 
> http://www.news.com/News/Item/0,4,35983,00.html?st.ne.ni.rel
> 
> > Domain restrictions target cybersquatters
> >      By Courtney Macavinta
> >      Staff Writer, CNET News.com
> >      May 3, 1999, 1:25 p.m. PT
> [snip]
> > Cybersquatting has been at the center of an international debate over
> how
> to
> > handle trademark disputes over domain names, which historically have
> been
> granted
> > on a first-come, first-served basis.
> >
> > Congress is not alone in trying to tackle the issue. The Internet
> Corporation
> > for Assigned Names and Numbers (ICANN), which is in charge of the Net's
> core
> > technical functions, also is pushing a hot-button proposal introduced by
> the World
> > Intellectual Property Organization that would give "famous" trademark
> holders around
> > the globe special claims on domain names.
> [snip]
> 
> Mark Nearhos
> 
> --
> This article is not to be reproduced or quoted beyond this forum without
> express permission of the author.  You don't know who really wrote it.
> 238 subscribers. Archived at http://lists.waia.asn.au/list/dns (dns/dns)
> Email "unsubscribe" to dns-request&#167;waia.asn.au to be removed.
> 
> 
> 
> 
> --
> This article is not to be reproduced or quoted beyond this forum without
> express permission of the author.  You don't know who really wrote it.
> 238 subscribers. Archived at http://lists.waia.asn.au/list/dns (dns/dns)
> Email "unsubscribe" to dns-request&#167;waia.asn.au to be removed.
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