Re: [DNS] Tradmarks and Domain Names

Re: [DNS] Tradmarks and Domain Names

From: Paul Day <bonfire§>
Date: Wed, 4 Aug 1999 12:22:01 +0800 (WST)
The way I understand it is that to claim a * domain you have to
have some legal connection to the name. obviously met this criteria and were granted the domain, but
not quite within the rules and regulations they agreed to when
registering the domain.

If W-Dog Pty Ltd have registered W-Dog as a trademark within
Australia than they have more legal connection to the address 
and the current owner of may be infringing W-Dog's registered 
trade-mark. If marketted a product in a completely different
category to that which W-Dog Pty Ltd have registered their trademark then
W-Dog Pty Ltd would have considerably less standing in court.

>From INA's registration page for * domains: 

"Please note that the onus is on the Applicant to ensure the registration
and use of a domain name do no contravene any third party's rights (such
as those pertaining to a registered Trade Mark). If your domain name
infringes on another party's registered Trade Mark, you could be sued for

It seems to me that the current owner of has infringed W-Dog
Pty Ltd's tradmark.


On Wed, 4 Aug 1999, AUSCITY wrote:

> Anyone care to express a considered opinion on this scenario? Or perhaps you
> know of a similar case (with oucome)  you care to share.
> Big company 'W-Dog Pty Ltd' trademarks its name, 'W-Dog'.  They register a
> domain name of and
> On the other side of Australia, a new small business is established and
> calls itself (Reg Business Name) . registers the
> domain This business had not seen the W-Dog product because
> it was not publically available or in the marketplace. However it turns out
> that both organisations have much the same idea.
> Big company 'W-Dog' cries foul play and threatens legal action against
> for breach of trademark.
> has had its product in the market place for many months. Even
> though W-Dog registered its trademark before was established,
> W-Dog still does not have its product in the market place nor will they
> provide proof of its existance. However their trademark details are written
> so generalised that it could pretty well tie up the whole industry. There is
> still no publically available information on its specific product.
> Apparently, W-Dog says its all very confidential. Plus the domain name of
> is still available. They have not registered it!
> QUESTION: Should be prevented from using the domain
> ? Reason being breach of trademark.
> Regards,
> Chas Cleland, Manager, AUSCITY
> auscity&#167;
> Phone: +61 3 5561 3077
> --
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Received on Wed Aug 04 1999 - 12:22:02 UTC

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