On Mon, Jul 12, 1999 at 10:04:26AM +1000, David_Wise§fhp.com.au wrote:

| The registries are not pro-active enough in controlling the registration of names that are similar to a third party's trade marks.  If these registrations were controlled, there would be no disputes and it would not be a "nasty little area".   Disputes only arise because the registries let people register names that are similar to someone else's trade marks without first ensuring that the registrant also trades under that name.
| 
| No-one should be allowed to register Microsoft.net.au except someone who offers network services under the name Microsoft (and this need not necessarily be Gates).

I agree with you that no-one should be able to register microsoft.net.au unless they
have registered a RBN/ARBN/whatever that relates to this name. However, the fact that 
they have registered a name like this still does not mean that they have the right to 
the trademark.

ie. It is very likely that I would be able to register the name "microsoft consulting 
services" with the ASIC. At this point, are you suggesting that it should be upto
the domain registery services to decide that I am _not_ elegible to register 
microsoft.net.au  ?  Because making decisions like this _IS_ nasty.  Make a mistake,
and someone will sue you.

I feel that it should be up to myself to ensure I dont infringe someone elses trademark
with the domain I register.  (this is how it is in the real world - you can trade under 
any name you like [within reason] but if you step on someone elses trademark - they sue 
you). Lets face it - the fact that melb-it, or connect.com.au said I could have the
domain microsoft.net.au isnt going to carry a lot of weight with MS's legal department
when they come thirsting after my blood.

It should be the registeries job to block name-grabbers and to create an environment
conducive to efficient and fair use of the available namespace, but not to start making 
decisions on who has the right to which trademark. 

Regards,

	Anthony Hill		+61 3 9251 3678	
	System Administrator 	connect.com.au