At 10:04 AM +1000 12/7/99, David_Wise§fhp.com.au wrote:
>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).

Microsoft is a nice simple example, but there *will* be disputes.  There are
categories of trademarks numbering somewhere around 50, and overlap across
these is perfectly legal, so unless they are somehow incorporated into the
domain name, there is plenty of potential for dispute where one company
considers that another has 'its' domain name.  I can also just imagine how
popular bogus.tm35.com.au will be (not).

If the answers were all simple, these problems would have been resolved years
ago (because this is how long they have been discussed).

--
Chris Chaundy (Director - Network Services)

connect.com.au pty ltd, Level 9, 114 Albert Rd, Sth Melbourne, VIC 3205, Aust.
Internet: chris§connect.com.au   Phone: +61 3 9251-3671   Fax: +61 3 9251-3666