Another aspect this this debate is the somewhat feeble reach of current
laws into the area of the internet.

I have a client that has a a registered business name in NSW which they
happily trade under. In this case their registered business name is along
the lines of acme net.

So these good folks thought it would be a good idea to get acme.net.au
(And of course when they first started about two and a half years ago they
were refused acmenet.com.au as being too generic)

However some fellow has since registered and created a site called
acmenet.com.au. This persons actual business name (or along these lines)
is Australian acme and personal development network.  Hence they were able
to technically get acmenet.com.au.  (Why they could get it re. changing
concepts of generic names is another story.)

However the issue get rather interesting. There is no mention of the real
registered business name on the site. Except in one obtuse reference buried
several levels in. All the branding all the logos etc say acmenet and
acmenet only (all the reference to .com.au being removed.)

So basically using the way that domain are allocated they have co-opted my
clients registered business name (and trading name, goodwill etc.). They
also are based in NSW so have to respect (theoretically) NSW regulations.
However the Department of Fair Trade wants nothing to do with this and
there is no precedent (that I know of, or their lawyer for that matter)
under which they can take action.

This is not just a case of cyber-squatting but of cyber-piracy.

What do people think should be the policy be on this matter? I look forward
with some interest to replies.

Cheers,

Matthew King

(By the way re. INA 's great floatation if you have not been a client of JB
Weir or Comsec for ages you have no chance of getting any shares, none,
nada. As told by a broker at JB Weir)




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