Which "Governing body" do you refer?

The ACCC responsible for upholding the Trade Practices Act?
IP Australia and the Federal Court in conjunction with ACCC for
upholding Intellectual Property issues?

Both of those are situations with a decision by a 'Governing body' by
rule of law.

Or were you referring to the current rules as adopted by the auDA?

Cheers

Phil Wright

 

-----Original Message-----
From: Ian Halson [mailto:auda§lemonstone.com.au] 
Sent: Friday, July 18, 2003 11:36 PM
To: dns§lists.auda.org.au
Subject: [DNS] Domains and Trademarks


On the subject of trademarks,

I was browsing the Atmoss database, as one does from time to time ;-), 
and noticed a growing trend towards the registration of domain names as 
trademarks. A percentage of which were "generic" or "desirable" 
domains. While the majority were registered by the current registrant 
of the domain name, some apparently were not.

My question is, does the registration of the domain as a trade mark 
give (in the eyes of the governing body) the trade mark holder the rite 
to the domain name above others. Even if the trademark application was 
made after the domain was registered by a different party? I think I 
understand the theory of different classes, but obviously if you 
trademark a business name as a com.au you would expect your domain name 
to be the same.


Thanks

Ian


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