From http://www.consumer.vic.gov.au/cbav/fairsite.nsf/pages/of_bnames_rights

<snip>
Rights attached to a Business Name

A Business Name does not confer ownership rights. It exists in name and
registration only. A Business name is not a trademark. A trademark is a
word, picture or symbol used to identify goods or services. Contact IP Australia
for further information on trademarks.

Protection
Registering a Business Name means being added to a public registry of names
of businesses conducted from premises within Victoria. Protecting a business
name is done using other legal avenues. Contact your solicitor concerning
this matter.
Since it is not a corporate body a Business Name:

    * is not a legal entity;
    * cannot incur or have legal rights or obligations;
    * cannot enter into contracts in its own name;
    * cannot sue or be sued;
    * cannot own assets.
</snip>

...note the last point.


>-- Original Message --
>Reply-To: dns&#167;lists.auda.org.au
>From: "bw" <bw&#167;efe.com.au>
>To: <dns&#167;lists.auda.org.au>
>Date: Sat, 21 Sep 2002 00:30:46 +1000
>Subject: Re: [DNS] RE: bizcatalyst.com.au
>
>
>but why have it at all then???
>
>Are the auDA and Lawyers the only ones allowed to make money now?
>
>remove it
>
>
>Bernard Weekes
>
>
>----- Original Message -----
>From: "Dassa" <dassa&#167;dhs.org>
>To: <dns&#167;lists.auda.org.au>
>Sent: Saturday, September 21, 2002 12:21 AM
>Subject: RE: [DNS] RE: bizcatalyst.com.au
>
>
>> |> -----Original Message-----
>> |> From: bw [mailto:bw&#167;efe.com.au]
>> |> Sent: Saturday, September 21, 2002 12:06 AM
>> |> To: dns&#167;lists.auda.org.au
>> |> Subject: Re: [DNS] RE: bizcatalyst.com.au
>> |>
>> |>
>> |> No, I dont think the law (oops rule) should be in place,
>> |> if wording is a way to avoid it, they will...
>> |>
>> |> if the auDA step over the line they may wear egg,
>> |>
>> |> why have such a rule in the first place?
>> |> who are they to decide if your selling a private business?
>> |>
>> |> Bernard Weekes
>>
>> Anyone can sell a business but if the sale includes items that are
>> covered by external license agreements such as applied to domain names
>> or software, it may make the sale null and void, something no business
>> would wish for.  You can't sell something you don't own, license
>> agreements as they are written now don't allow you to onsell the
>> products, that goes for most software and definitely domain names.
>> Before anyone tries such a venture they consult a good lawyer.
>>
>> Darryl (Dassa) Lynch
>>
>>
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>>
>
>
>
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