Kenneth With reference to your comments below, I would like to suggest you consider the ACCC submission (21/03/01) to the Name Policy Advisory Panel at <http://www.auda.org.au/policy/panel-name-2000/submissions/accc.html>, responding to a (draft) recommendation (3.1.3 f) in the Panel's second public consultation report at <http://www.auda.org.au/docs/auda-name-eligibility-pcr2.html>. (Draft) recommendation 3.1.3 f. reads: The domain name licence applicant must acknowledge at the time of application that their entitlement to a domain name may be challenged by a third party with superior legal rights in the words forming the domain name. Note the following sentence from the ACCC submission: ... The ACCC is unaware of any law or legal ruling that suggests that one right is superior to another in this area. ... The Panel meeting of 27 March 2001 discussed the question of any "superior legal rights" in relation to trade marks. The Panel decided to not include (draft) recommendation 3.1.3 f. in its final report to the auDA Board <http://www.auda.org.au/docs/auda-name-eligibility-final.html>. IMO this was a prudent decision in view of the ACCC submission and opinions expressed by Panel members present <http://www.auda.org.au/policy/panel-name-2000/papers/27Marchminutes.html>. Other Panel members may wish to comment. Regards Ian ~~~~~ Ian Johnston Candidate for the auDA Board www.infobrokers.com.au/resume Member, Name Policy Advisory Panel Member, Competition Model Advisory Panel mailto:ian.johnston§infobrokers.com.au -----Original Message----- From: Adrian Stephan [mailto:akstephan§ozemail.com.au] Sent: Tuesday, November 06, 2001 1:58 PM To: dns§auda.org.au Subject: RE: [DNS] Domain Names & Trade Marks Dear Kenneth I have full sympathy with you on this matter. I have been denied my lawful company name "logistics" as a domain name because Jan Webster deemed it to be a generic word. That fact that she approved other words such as reliability, dependability and a whole bunch of other non-allowed words (kraft, mtbuller, etc) as domain names is totally irrelevant. How she can say that logistics is generic whereas reliability and dependability are not, simply defies any logic. As I see it the problem is that Minister's Hockey and Alston digitally disenfranchised every business name, trademark, etc in this country and abdicated this to the folks at MelbourneIT and now auDA. In fact, they legislated into law the very thing that S-11 and others complain about in globalisation, etc. We no longer have sovereignty over our names, we have to acquiesce to global self-regulation! I believe the Government, who has a responsibility to protect such names under the Paris convention, should have put in place the necessary orders of precedence to ensure that rights, etc were protected. However, is seems as if they did not, and more to the point don't give a stuff or even care less. If you want an enlightening discussion, try and rationalise the position with their staffs. Although MelbourneIT and auDA are the public face of this issue, the people who should be held accountable are Minister's Hockey and Alston. They failed to protect our names, and not only that set up a process where as small companies we make lawyers rich defending our rights. The end result is that we don't and get shafted. Is this the grand plan! To me it is a simple issue, the policy should be based on how the Courts would interpret precedence and not on how auDA and its committee thinks it should work. We have got to stop using this euphemism of cybersquatting - call it exactly what it is - identity theft. The only person I have seen call it right is Justice Anderson in the NZ High Court on the Qantas case - "... an instrument of fraud ..." The blatant stupidity is that we cannot have our lawful names as our domain names, but it is a 5 year jail or $60,000 fine if you onforward an email without the author's permission. Talk about getting your priorities right! >From my experience in these issues, the Libs have absolutely no credibility and in particular Hockey and Alston should be banished to oblivion forever. The protection of lawfully approved names is so fundamental to doing business and both Hockey and Alston have failed in this protection. I think that this is such a single fundamental failure that, after 37 years voting Liberal, I cannot see how I can support the Liberal candidates. It is the only thing I can do to show my anger at these two people. Maybe it is time a few of us got together and took out a class action suit against the Government, MelbourneIT and auDA. Rgds Adrian =========================================== Adrian Stephan (Managing Director) Logistics Pty Ltd POB 5068 PINEWOOD VIC 3149 Ph: +61 (0)3 9888 2366 Fx: +61 (0)3 9888 2377 akstephan§ozemail.com.au adrian.stephan§logistic.com.au www.logistic.com.au =========================================== -----Original Message----- From: Kenneth Brownsmith [mailto:kb§kb.au.com] Sent: Tuesday, 6 November 2001 15:21 PM To: dns§auda.org.au Subject: Re: [DNS] Domain Names & Trade Marks It doesn't matter weather they infringe on a trademark or not, the criteria for registering .au names (new policy) is that a trademark is *one* of the accepted means... ( I hope that made sense) Hence, I have a registered trademark that is being directly infringed on in com.au, if I want to recover it, I will have to take legal action (According to Chris D.) because the auDRP takes, oh lets say an ABN, in the same light as a Registered Trademark... (If I interpreted Chris' email properly) Does Intellectual *Property* mean anything these days ? So, essentially, if I am correct, it doesn't matter weather they check ATMOSS or not, if they have a ABN or RBN or something other than a trademark, they will be accepted anyway... That might be a little off track, but I think it is an issue that needs to be addressed too... Kenneth Brownsmith kb§kb.au.com ----- Original Message ----- From: "Adrian Brown" <abrown§golook.com.au> To: <dns§auda.org.au> Sent: Thursday, December 06, 2001 11:50 AM Subject: [DNS] Domain Names & Trade Marks > With the changing of the Domain Eligibility criteria to include Trade Marks. > What requirements if any will be placed on registrars to check the ATMOSS > data base, to ensure that domain applicants are not infringing a trade mark. > > > > Regards > > Adrian Brown > > > -- > This article is not to be reproduced or quoted beyond this forum without > express permission of the author. 324 subscribers. > Archived at http://listmaster.iinet.net.au/list/dns (user: dns, pass: dns) > Email "unsubscribe" to dns-request§auda.org.au to be removed. > > -- This article is not to be reproduced or quoted beyond this forum without express permission of the author. 324 subscribers. Archived at http://listmaster.iinet.net.au/list/dns (user: dns, pass: dns) Email "unsubscribe" to dns-request§auda.org.au to be removed. -- This article is not to be reproduced or quoted beyond this forum without express permission of the author. 324 subscribers. Archived at http://listmaster.iinet.net.au/list/dns (user: dns, pass: dns) Email "unsubscribe" to dns-request§auda.org.au to be removed. -- This article is not to be reproduced or quoted beyond this forum without express permission of the author. 324 subscribers. Archived at http://listmaster.iinet.net.au/list/dns (user: dns, pass: dns) Email "unsubscribe" to dns-request§auda.org.au to be removed.Received on Tue Nov 06 2001 - 16:14:14 UTC
This archive was generated by hypermail 2.3.0 : Sat Sep 09 2017 - 22:00:04 UTC