Going on past cases in the .com gTLD under ICANN's UDRP, this could well be 
the case (assuming the Australian trade mark application proceeds to 
acceptance and isn't successfully opposed by anyone else). The owner of 
internet.com.au may also run the risk of being sued under the Trade Marks 
Act. As I said, Section 120 allows the owner of a 'famous' trade mark to sue 
for infringement, under certain conditions, regardless of the goods/services 
(again, assuming the trade mark is registered).

Meliza



>From: "Ian&#167;LemonStone" <auda§lemonstone.com.au>
>Reply-To: dns&#167;lists.auda.org.au
>To: <dns&#167;lists.auda.org.au>
>Subject: Re: [DNS] INTERNET.COM.AU
>Date: Fri, 25 Jan 2002 11:57:36 +1100
>
>Meliza
>
>I noted with interest that internet.com.au and internet.com both have trade
>mark applications pending. Assuming they are accepted, as there seems to be
>no opposition, then anyone who bids for internet.com.au will have the 
>domain
>name removed from them if they utilise it. As the domain name must be
>delegated(??) i would assume that this would infringe on the trade mark. Is
>my reasoning correct?? Thus has internet.com.au no value?
>
>Ian&#167;LemonStone
>
>
>on 24/1/02 3:20 PM, Meliza Smith at melizasmith&#167;hotmail.com wrote:
>
> >
> > You would have to investigate whether that company has any intellectual
> > property rights in the name in Australia, ie a registered trade mark 
>(easy
> > to ascertain - check on the IP Australia Trade Marks Database) or 
>'common
> > law' trade mark (very hard to ascertain without spending $$$) - 
>remembering
> > that worldwide 'fame' in a trade mark sense can be grounds for bringing 
>a
> > trade mark infringement action, even if the so-called 'infringer' is 
>using
> > the trade mark on different goods or services (see Section 120 of the 
>Trade
> > Marks Act).
> >
>
>
>---------------------------------------------------------------------------
>List policy, unsubscribing and archives => http://www.auda.org.au/list/dns/
>Please do not retransmit articles on this list without permission of the
>author, further information at the above URL.  (330 subscribers.)
>


_________________________________________________________________
Send and receive Hotmail on your mobile device: http://mobile.msn.com