Well the governing body depends upon the forum where the complaint is iniated could be IP Australia at examination, Federal Court at opposition, Federal or Supreme Court in infringement proceedings, or UDRP/auDRP proceedings.

There is of course the right to appeal from an ADR process but it is limited in scope to breach of natural justice and procedural undairness.  If the matter is started in teh courts then the appeal factor kicks in but in most cases people realise they are on a winner.

Of course any adr process is governed by the policy of auda and each case is supposed to be looked at freshly.  Further, the Courts would look at the policy and the existing trade marks law.  Trade marks law is governed by statute and judge made law and is its initial formation took place in protocols of trade and eventually international treaty which governments are bound to follow and many have ratified into legislation.

So when you refer to governing body the issues are complex and yes the ability to forum shop is something that any good lawyer dealing with this sort of dispute would consider.

Not sure I have answered your question?


> 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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> 
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> author, further information at the above URL.  (368 subscribers.)
> 


Kind regards

James Guy

Principal
Guy & Associates
      Solicitors & Trade Marks Agent

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AUSTRALIA

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