>that is very similar to an existing company.
>
>If the existing company could prove that I was infringing on its goodwill, I
>would be in trouble... to my knowledge the ASC would not normally be implicated.

Correct.

>If the registry is operating within its guidelines and the person
>registering acme.com.au has a claim to that name under those guidelines I
>would argue that the registry was doing its job.  The party requesting the
>domain should take the fall as it is they who stand to gain from infringing
>on another's goodwill.

Not correct. There is no such immunity from proscution granted to a
DNA at this point in time. THATS the problem. Your "should" is morally
correct, but this is not the case as it stands today.


>My point is the ASC isn't roasted for allowing a company to be created that
>would infinge on another's goodwill, nor should a DNSA be roasted for
>allowing a domain name that would infringe on some company's goodwill.

We agree on the outcome. The sad fact is that today this is NOT
the case for the DNA.

>The problem with more than one company potentially being entitled to the
>same domain name could only be solved (as far as I can see) by removing the
>practice of allowing abbreviations and acronyms and insisting on domains
>being exactly the same as the organizations real name (same as other
>authorities) with a com.au tacked on the end.
 
NO - here's where you and I differ. I believe, like the ASC, that you should
be able to register effectively any name you like, but, as with the ASC, the
registrar (or the DNA in this case) assumes NONE of the liability associated
with your actions. You did it - you should be prepared to defend it if another
party feels that they have been adversely effected by your actions. The DNA
should not assert ANY policy with respect to "appropriate" names, simply
becuase if it attempts top to do so it is then within the active chain.  


thanks,

  Geoff



-- 
Geoff.Huston§telstra.net

Network Technical Manager    Locked Bag 5744,
Telstra Internet             Canberra  ACT  2601
                             AUSTRALIA

ph  +61 6 208 1908
fax +61 6 248 6165


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