Re: [DNS] New Domain Level - Debate a bit OT

Re: [DNS] New Domain Level - Debate a bit OT

From: Doug Robb <doug§cygnus.uwa.edu.au>
Date: Sun, 9 Apr 2000 14:33:07 +0800 (WST)
On Sun, 9 Apr 2000, Matthew King wrote:

> If anyone on the auDA board reads this please get the reform path 
> kick started. I for one would answer the call. And I'd say I am not 
> the only one out there....
> 
> Matthew King
> 
> 

Well said. Another point of policy is policy with trade
marks. I own several trade marks, eg AusRace is one.

I have a web site http://ausrace.com and a very successful
enterprise based around this. My mailing lists are hitting
upwards of 2,500 subscribers and for the sort of site it is
its one of the best in Australia. It is not a business
or pty company but nevertheless an enterprise conducted
largely through another pty comany that I have a domain
for. (but not a 'trading as' scenario').

So I wish to register ausrace.com.au based on being the
holder of the Australian trade mark. 

Application refused.
I questioned MelbIT and were told that
there is no provision for holders of trademarks to
register .com.au, it is for bussiness's only etc.

Now I ask what sensible person would  register 6
business names, have the problems of accounting and
so on just to get a domain name for a trademark they
already own?

eg Amatyl (spelling?) own coca-cola, they have to form
a seperate business in Australia to get coke.com.au

These big company's would later hunreds of registered
trade marks!

On a related point I also own the trade mark for
'rubicon'. The site http://www.rubicon.com.au
is a water management company. I could call them
cyber sqatters as I hold the trademark. But as I
didn't form a (yet another) business just to get the
domain name my trademark is now someone else
domain name.

Gone forever because under .com.au policy the .com.au
domain space is not for trademarks. Perhaps they should
stop registering domain names that are some elses
trade marks?
(I know on the application form they have a search
trademarks check but this is one at least that has 
obvioulsy got past this check - and at the time I
looked rubicon systems didn't own the trademark
in any category).

doug
Received on Sun Apr 09 2000 - 14:33:08 UTC

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