This has been around for a couple of weeks now!!! I agree that the terms and conditions state the obvious - I think it is more to really make the client registering the domain fully aware of the Domain Registration policy and what they could be in for if sued. I have seen several Services that do not state the terms and conditions of the registration - so in it is good to make the actual client aware of them in this way. Season's Greetings Tania Wickman Account Manager Domain Registrations Pty Ltd FREECALL 1800 677 656 E-mail: tania§domainreg.com.au <mailto:tania§domainreg.com.au> Are you the Master of Your Domain? Your company's presence on the web! Visit : www.domainreg.com.au <http://www.domainreg.com.au> NOTICE: This e-mail is confidential. If it includes quoted prices, unless otherwise stated, validity is 14 days from the date of this message and sales tax, GST and delivery charges are excluded unless noted. Acceptance of any quotation or order is subject to Domain Registration's usual terms and conditions of sale. If you have received this message in error please notify Domain Registrations immediately and destroy the original message. Domain Registrations scans all messages for viruses prior to sending, and whilst all care is taken, it is the recipient's responsibility to ensure that any attachments are scanned for viruses prior to use -----Original Message----- From: Raoul Wegat [mailto:raoulw§nitrogen.net.au] Sent: Monday, 20 December 1999 13:28 To: dns§waia.asn.au; aussie-isp§aussie.net Subject: [DNS] COMAU Policy - INA's new procedure!!! Things get more interesting by the day in COMAU... Here's an email response I got when querying a domain application that was late in being approved (4 business days). I've blanked out our customer's details. --- Dear Applicant, Our searches indicate that the domain you applied for is identical to a registered tradmark(s). The existence of this identical registered name indicates that a third party may claim intellectual or proprty rights in that name. In the domain name application you have warranted that the name applied for doesn't breach the rights of any third party. In order to proceed with you application, we ask that you complete the attached trademark warranty document. You application will be held for seven days after which, if the document is not recieved we will assume that you do not with to proceed with the application and it will be removed from the pending queue. ATTACHMENT:warranty.doc --- Internet Names World Wide Letterhead personally addressed to *our* client... Name ##################### Company ################## Address ################## Dear #### ########, Our searches indicate that the domain name #####.com.au for which you have applied is identical to the following registered trademarks: Word: ####### Number: ###### Category: 12 Word: ####### Number: ###### Category: 29 Word: ####### Number: ###### Category: 29 Word: ####### Number: ###### Category: 30 Word: ####### Number: ###### Category: 9 Word: ####### Number: ###### Category: 25 The existence of this identical registsred name indicates that a third party may claim intellectual or property rights in that name. In your domain name application you have warranted that the name applied for does not breach the rights of any third party. Given the above registered name, we cannot proceed with your application unless you reconfirm your warranty in the form of the following confirmation: "I am aware of the existence of the registered trademark and confirm my warranty that the registration and use of the name I have applied for will not breach the intellectual, property or other rights of the registered owner of trademark or any other third party." Signed: Name: (please print) Dated: Title: This document must be returned to this office with SEVEN days. Failure to do so will result in your application being declined. Your sincerely, Customer Service Center --- Well I read the Policy, the Terms & Conditions and the PISP Agreement several times before ringing Jon Lawrence at INA. He quoted the Terms & Conditions s.9.7: "The Applicant warrants to INA that neither the registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes on the legal rights of a third party." He refused to say *why" INA was doing this except that INA could do this "based on legal advice". Ok, not only is this warrant made at the time of the application - electronically - but since when did trademark protection become part of the COMAU Policy?? And why is Melbourne IT processing applications "based on legal advice"??? The policy is pretty bloody clear to me! Regards, Raoul -- # Raoul Wegat # Managing Director & Chief Technology Officer # Nitrogen Interactive Pty Ltd # 32 Queen Street, St. Kilda East VIC 3183 Australia # Tel: +61-3-9593-9666 Fax: +61-3-9593-9670 # Email: <raoulw§nitrogen.net.au> -- 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. 272 subscribers. Archived at http://lists.waia.asn.au/list/dns (dns/dns) Email "unsubscribe" to dns-request§waia.asn.au to be removed.Received on Mon Dec 20 1999 - 10:56:59 UTC
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