Don and all.

The issue of generic words is an issue that I think stands apart from my
basic question
of  Trade marks.

Legal precedence would suggest that a Trade Mark owner will likely prevail.

By not checking ATMOSS before registering a domain auDA and registrars are
inviting legal actions.

Regards

Adrian Brown

----- Original Message -----
From: Don Cameron <donc&#167;mudgeeab.com.au>
To: <dns&#167;auda.org.au>
Sent: Tuesday, November 06, 2001 6:12 PM
Subject: Re: [DNS] Domain Names & Trade Marks


> Hello Adrian and all,
>
> Your recent posting, along with others to the auDA list (and at least one
> other Australian DNS related forum) have raised several issues that really
> should be the subject of considered analysis, and I believe this is one of
> the purposes of this forum - to discuss issues in an open and fair manner
so
> we can (at least try to) realise a solution offering fairness to all the
> parties involved.
>
> Your points about registered business names are of course highly valid,
and
> in the world of business identities, such claims certainly should be
> iron-clad. However I think the issue here is perhaps one of naming
> conventions in a world that is not solely the domain of business.
>
> I.e. You are of course entitled under law to name and title your business
> web-site under your registered business name, and would have justifiable
> recourse against any business promoting themselves (on a web site) under
> your registered name. But does this legal right also entitle you to
register
> your business name as a Domain Name? (a domain is not a web, although a
web
> may, or may not be located under a registered domain name).
>
> A Google search of 'Logistics' lists Australian entities such as 'The
> Logistics Association of Australia', along with quite a number of local
> logistics-related businesses. Clearly this is a generic word so the
question
> posed is this: Should any single business achieve a business advantage by
> having this word as a registered domain?
>
> I am presuming those in favour would argue the 'first in best dressed'
rule
> should apply, and that whoever was successful in first registering this
word
> as an Australian business name, should ipso-facto have automatic rights to
> an identical Domain Name.
>
> I am also presuming that those against this practice, would argue it is
> simply impossible for every business to register every aspect of their
> business as a unique Domain Name - that some words must be regarded as
> generic and remain free for all to use in the spirit of competitive
> fairness.
>
> Both perspectives are valid, however the issue remains - Does the
> registration of a generic word in a business name automatically entitle
the
> owner to an identical Australian Domain Name?
>
> Some legal precedence seems to suggest this might be the case. But of
course
> this also potentially becomes the road to ruination of the entire Internet
> naming system... because a business proprietor could simply register
> whatever generic word they liked as a business name, and claim the
> reciprocal Domain Name as 'theirs', irrespective of any other claims that
> may exist (such as those that may be expected from a company like TNT (for
> example), who have worked in the field of logistics for decades, however
who
> have not seen the need to register the word as a business name - and
really,
> why should they just to secure the use of a generic word on the Internet?)
>
> In my view it is a misconception to construe automatic rights of ownership
> to a domain name, simply because it happens to reflect a generic word used
> in a registered business name (of course this does not apply to
non-generic
> words such as QANTAS, Telstra or even auDA which are obviously unique to
the
> companies/organisations concerned).
>
> Thoughts?
>
> Regards, Don Cameron
>
>
> --
> This article is not to be reproduced or quoted beyond this forum without
> express permission of the author. 324 subscribers.
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> Email "unsubscribe" to dns-request&#167;auda.org.au to be removed.
>

--
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Email "unsubscribe" to dns-request&#167;auda.org.au to be removed.