G'day,

There has been alot of discussion in the group about the rights and wrongs
of acquiring domain names.

What seems to have been neglected is the real purpose of domain names. This
is for "end users" to locate information via the web. The success of the
"end users" doing this will provide the real value to domain names. If there
are alot of cyber squatting and descriptive domain names out there, the
value of domain names will be diminished as end users are turned off.

To ensure that the needs of end users are address, I would suggest that the
auDA draft a "Users Guide" to DNS which explains how to use DNS to find the
service / company they want.

This should be workshopped until we have a scheme that will really meet the
end user need.

Some suggests:

1. No domain name should be able to registered where the name is a trade
mark (no maker the punctuation) by a party other than the trade mark holder.
This is regardless of whether the trade mark holder has registered a domain
name.

2. High level domains that represent trade mark categories (or some morphing
) can be used to better target requests - eg coke.bev.au where bev is for
beverages, holden.auto.au. One could argue that the .com.au domain should be
phased out.

3. No descriptive domains should not be allowed except for directory
services authorised by auDA. For example: cars.au should point to a
directory service where car dealers and manufacturers can be listed. This
can be refined geographically - cars.nsw.au, cars.sydney.nsw.au. Industry
associations could run these directories or departments of finance or
industry in the government space. The directory "portals" would need to be
regulated in some way.

(Trademarks can not be registered for descriptive names. The descriptions
must be misspelt)

4. There should be a well known service "tree" for government and utility
services - power.vic.au should be a directory of power utilities in
Victoria. roads.nsw.au should point to RTA in NSW, roads.qld.au should point
to Department Of Main Roads in Queensland.

The "user guide" could be published and taught in schools.


Note:
The principle with trade marks is to ensure that there is not "confusion in
the market place". In other words that a Holden is a Holden is a Holden if
it is a car. There can be another Holden that is not a car that doesn't have
to be General Motors Holden. But if its a car, Holden should refer to
General Motors Holden. If it has to do with cars, the domains "gmh" and
"holden" should be protected regardless of whether GMH has registered the
domains. Although requiring a registered business name works part of the way
to this, it is NOT equivalent.

The trade mark principle should be apply to domain names.



David Bernard
Lead Architect
IP Planning And Architecture
Cable And Wireless Optus 
Phone: +61 2 9342 1203
Email: David.Bernard§cwo.com.au