The recent World Intellectual Property Organisation (WIPO) report, The
Management of Internet Names and Addresses:  Intellectual Property Issues,
adressed issues such as these - with particular focus on fameous and well
known trademarks.  The report has largely been adopted by ICANN and is well
worth reading.  While it is unlikely to be entirely appropriate to the .au
domain space, it does contain principles that could be adopted within the
.au domain space.  Australia is a signatory to the Trade Related Aspects of
Intellectual Property Rights (TRIPs) agreement which covers intellectual
property rights including fameous and well known trade marks.  This creates
some obligation in respect of fameous and well known trademarks such as
microsoft.
Any policy developed for the .au domain space would need to be consistent
with Australia's obligations under international agreements above.

Erica Roberts

-----Original Message-----
From: David_Wise§fhp.com.au [ mailto:David_Wise§fhp.com.au
<mailto:David_Wise&#167;fhp.com.au> ]
Sent: Monday, 12 July 1999 10:04
To: dns&#167;waia.asn.au
Subject: Re: [DNS] Give Austalian Business a go





>>
>>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.



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