Steve..Are you a patent lawyer?
----- Original Message -----
From: "Stephen" <admin&#167;lawyer.net.au>
To: <dns&#167;lists.auda.org.au>
Sent: Friday, March 15, 2002 4:39 AM
Subject: Re: [DNS] By passing name checks with ABN's for .au's


>
> With respect Mark that's probably not true. Its been a while since I
> registered a company, but my recollection is that ASIC didn't care what
you
> called the company as long as it wasn't F*#$ Off Pty Ltd (although swear
> words in foreign languages are generally acceptable), or identical with
> another name. They may have had some rules about deeming 2 names to be
> identical when one was a plural of another, but they may not even go that
> far.
>
> ASIC is not equipped, nor appropriate, to determine trade mark disputes,
and
> nor are domain registrars at the registration stage. They have to be
> determined by some sort of judicial process where each side produces
> evidence and argument. Sure some cases such as Microsoft are obvious, but
> what about "acme"? There is no clear point at which you can draw the line
> between an obvious trademark dispute, that can be left to a bureaucrat to
> determine, and one that needs argument. Thus they are all required to go
to
> dispute resolution.
>
> Trade marks are registered in different categories. You can register ABC
as
> a trademark for software and I can register it for clothing, without
either
> of us infringing the other's rights. In some cases it is not so clear cut
> and there can be overlap between what the two contenders produce.
>
> Stephen Gethin
> IT Lawyer
>
> ----- Original Message -----
> From: Mark Hughes <effectivebusiness&#167;pplications.com.au>
> To: <dns&#167;lists.auda.org.au>
> Sent: Thursday, March 14, 2002 9:54 PM
> Subject: RE: [DNS] By passing name checks with ABN's for .au's
>
>
> > No new issues are raised by this.
> >
> > > one could register an ABN with the ATO having a
> > > trading name of Microsoft, INA, or MelbourneIT. The ATO would
> > > never validate the trading name.
> >
> > Under the domain name rules that have existed for yonks:
> >
> > * a business name of "Microscope Software" could be used to apply for
the
> > domain name "microsoft.com.au"
> > * a business name of "International Networking Associates" could be used
> to
> > apply for ina.com.au
> > * a business name of "Melbourne Importers and Traders" could be used to
> > apply for "melbourneit.com.au"
> >
> > Those three business names (or other similar ones with the same effect)
> > could easily be created - no validation checks applied by the relevant
> govt.
> > department in each state would prohibit their creation.
> >
> > So the example given above raises no new issues.
> >
> > The domain name application process does NOT check what rights the
> applying
> > entity has to the name its applying for.  The application process uses a
> set
> > of rules to check the name applied for against an external list of
names -
> > eg. company name, business name, ABN name.
> >
> > It doesn't check whether the applicant has the right to use that company
> > name, business name, or ABN Name.  Nor should it.  It would be
> inappropriate
> > for auDA to second-guess whether a company name granted by ASIC or a
> > government dept business name should or should not have been issued to
> that
> > entity.
> >
> > The appropriate mechanisms to deal with the examples you give above are
> the
> > existing laws about trademark infringement and 'passing off', etc.
> >
> >
> > Regards, Mark
> >
> > PS - apologies for posting to the list comment on an issue of substance!
> :)
> >
> > Mark Hughes
> > Effective Business Applications Pty Ltd
> > effectivebusiness&#167;pplications.com.au
> > www.pplications.com.au
> > +61 4 1374 3959
> >
> >
> >
> > > -----Original Message-----
> > > From: Chris Disspain [mailto:ceo&#167;auda.org.au]
> > > Sent: Thursday, 14 March 2002 12:45
> > > To: dns&#167;lists.auda.org.au
> > > Subject: RE: [DNS] By passing name checks with ABN's for .au's
> > >
> > >
> > > David,
> > >
> > > Thanks for this. I'm looking into it at the moment. In the meantime,
> > > please send me (off list if you wish) the details of the example of an
> > > ABN trading name you refer to.
> > >
> > > Regards,
> > >
> > > Chris Disspain
> > > CEO - auDA
> > > ceo&#167;auda.org.au
> > > www.auda.org.au
> > >
> > >
> > > -----Original Message-----
> > > From: David Ford [mailto:djford&#167;prepaidonline.com.au]
> > > Sent: Thursday, 14 March 2002 9:46
> > > To: dns&#167;lists.auda.org.au
> > > Subject: [DNS] By passing name checks with ABN's for .au's
> > >
> > > Hello all,
> > >
> > >  It seems there is a flaw in name checks for allocating a .au
> > > domain.
> > >
> > >  auda currently allows an ABN listed trading name as sufficient
> > > proof of
> > > naming rights.
> > >
> > >  When registering for an ABN, trading names are NOT validated.
> > > The ATO have
> > > no reason to, the ABN is only for tax purposes as far as they are
> > > concerned.
> > > Ask the ATO (13 24 78) they will confirm this.
> > >
> > >  The Office of consumer and business affairs (08) 8204 9628 in
> > > South
> > > Australia, requires for a trading name to be recognized it must be
> > > registered as a business or company name. Yet the ATO will not check
> > > that a
> > > trading name is registered.
> > >
> > >  So hypothetically speaking one could register an ABN with the
> > > ATO having a
> > > trading name of Microsoft, INA, or MelbourneIT. The ATO would never
> > > validate
> > > the trading name.
> > >
> > >  Then approach INA/melbourne IT and request the domain
> > > microsoft.com.au or
> > > ina.com.au or melbourneit.com.au to be registered and it would
approved
> > > based on the information from the ABN. This was put to the ATO and a
> > > representitive from melbourne IT - they agreed it was an absurd
outcome,
> > > but
> > > by current auda policies possible.
> > >
> > > A VERY similar thing is happening with a client at the moment,
> > > they own the
> > > name by registration of company and business names, yet they have lost
> > > their
> > > most deserving domain name due to an ABN trading name.
> > >
> > > Thoughts people?
> > >
> > > David Ford.
> > >
> > >
> >
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