>>
>>Actually the registeries dont need to be concerned about this. There is >>already
>>legislation and precedents in place to protect trade-marks. They dont >>specifically
>>relate to the DNS, but register microsoft.net.au and you'll see why the >>registeries
>>dont need to get involved in this nasty little area.
>>

The registries do need to be concerned about this because, as already stated, existing laws may not protect the trade mark owner where the domain name is not "used".   Additional protection is needed. It should come, most sensibly, from the registries.

The registries are not pro-active enough in controlling the registration of names that are similar to a third party's trade marks.  If these registrations were controlled, there would be no disputes and it would not be a "nasty little area".   Disputes only arise because the registries let people register names that are similar to someone else's trade marks without first ensuring that the registrant also trades under that name.

No-one should be allowed to register Microsoft.net.au except someone who offers network services under the name Microsoft (and this need not necessarily be Gates).


David Wise
Freehill Hollingdale & Page
Brisbane

My views are not necessarily those of my employer and do not constitute legal advice.