I'm IT and IP solicitor, but I'm not a patent attorney. I can work in
anything to do with patents such as confidentiality, licensing and
distribution, but just not registering them. We have a good relationship
with a patent attorney firm, however, who can assist with that side of
things.

Regards

Stephen Gethin
IT Lawyer

----- Original Message -----
From: Discount Domain Name Services <info&#167;ddns.com.au>
To: <dns&#167;lists.auda.org.au>
Sent: Friday, March 15, 2002 6:48 AM
Subject: Re: [DNS] By passing name checks with ABN's for .au's


> 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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> > > >
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> > > >
> > > >
> > > >
> > > >
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