Unless you have a trade mark which is the subject of the domain name
dispute, I'd suggest that you wouldn't have much hope of getting it.

This happened to a friend of mine a couple of years ago, where someone had a
similar business name to his company name, and he waited for the domain
renewal to come up.  During this time, he also registered his company name
as a trademark.  Once it (the domain name) was 'free', he registered it -
having the trademark gave him a certain amount of protection if it came to a
dispute b/w the previous 'owners' and himself.  While the AUDA policy
doesn't state (I think) that trademarks have more rights to a domain name
than any other company or business owner, trademark protection has been
proven in courts in both the USA and here, to be the strongest form of
protection over a name...consequently, I think AUDA would have to uphold a
dispute where a domain name was registered to someone other than the
trademark owner.

Niall Baird
VB Web Solutions Pty Ltd
www.vbwebsolutions.com.au


> -----Original Message-----
> From: Tim Shahin [mailto:tshahin§senet.com.au]
> Sent: Wednesday, 26 March 2003 3:42 PM
> To: dns§lists.auda.org.au
> Subject: RE: [DNS] com.au Domain Names
>
>
> I did,
> The reason I am asking is that I made a Complaint about a domain name
> which was registered 8 month ago and has not been used. The complaint
> failed. The domain name registered has not been redelegated or used. No
> real proof was shown for commercial use other than that they said that
> they are going to use it. Hence my questions............