"Better get a lawyer son - better get a real good one"

And remember the other important legal maxim:

"One is innocent until proven broke"

Simon

>Time for these folk to ring up a lawyer. Free advice is worth about as much
>as you
>pay for it.
>
>   g
>
>What was that quote? Was it "Better get a lawyer son. Better get a good
>one."  ?
>
>
>
>
>At 01:32 PM 8/4/99 +1000, 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 w-dog.com and w-dog.net
>>
>>On the other side of Australia, a new small business is established and
>>calls itself (Reg Business Name) wdog.com.au . wdog.com.au registers the
>>domain www.wdog.com.au 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
>>wdog.com.au for breach of trademark.
>>
>>wdog.com.au has had its product in the market place for many months. Even
>>though W-Dog registered its trademark before wdog.com.au 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
>>www.w-dog.com.au is still available. They have not registered it!
>>
>>QUESTION: Should wdog.com.au be prevented from using the domain wdog.com.au
>>? Reason being breach of trademark.
>>
>>Regards,
>>Chas Cleland, Manager, AUSCITY
>>auscity§auscity.com.au     www.auscity.com.au
>>Phone: +61 3 5561 3077
>>
>>
>>
>>--
>>This article is not to be reproduced or quoted beyond this forum without
>>express permission of the author.  You don't know who really wrote it.
>>246 subscribers. Archived at http://lists.waia.asn.au/list/dns (dns/dns)
>>Email "unsubscribe" to dns-request§waia.asn.au to be removed.
>
>--
>This article is not to be reproduced or quoted beyond this forum without
>express permission of the author.  You don't know who really wrote it.
>246 subscribers. Archived at http://lists.waia.asn.au/list/dns (dns/dns)
>Email "unsubscribe" to dns-request§waia.asn.au to be removed.


---
Simon Hackett, Technical Director, Internode Systems Pty Ltd
31 York St [PO Box 284, Rundle Mall], Adelaide, SA 5000 Australia
Email: simon§internode.com.au  Web: http://www.on.net
Phone: +61-8-8223-2999          Fax: +61-8-8223-1777