Re: [DNS] domain-name on-selling

Re: [DNS] domain-name on-selling

From: Mark Davidson <davidson§>
Date: Fri, 03 Dec 1999 10:45:20 +1100
I will not comment at all on the process by which the domain name was obtained.
But it might be worth saying a thing about business names.

Registration of a business name is achieved under State laws, and gives no
right to exclusive use of the name. The Business Names legislation is there to
force people/companies who trade under a name other than their correct, full
name, to register that fact. It gives no right to use the name where to do so
would infringe another person's rights. If you want exclusive rights to a
trading name, you need to register a trade mark or prove you own copyright in
the name (both federal legislation) or prove that you have achieved a
reputation which means any use of the name by another business will make people
think the other business/product is your business/product (ie, the common law
"passing off" claim, or a s52 Trade Practices Act claim).

Assuming registered trade marks and copyright aren't involved here, if
Matthew's client can prove they have a reputation in NSW, then the other
crowd's web site (viewed in NSW) may be infringing Matthew's client's rights.
If the reputation can't be proven, then the other crowd aren't hurting
Matthew's client, except that they have taken a domain name which they both

fwiw ...


Matthew King wrote:

> Another aspect this this debate is the somewhat feeble reach of current
> laws into the area of the internet.
> I have a client that has a a registered business name in NSW which they
> happily trade under. In this case their registered business name is along
> the lines of acme net.
> So these good folks thought it would be a good idea to get
> (And of course when they first started about two and a half years ago they
> were refused as being too generic)
> However some fellow has since registered and created a site called
> This persons actual business name (or along these lines)
> is Australian acme and personal development network.  Hence they were able
> to technically get  (Why they could get it re. changing
> concepts of generic names is another story.)
> However the issue get rather interesting. There is no mention of the real
> registered business name on the site. Except in one obtuse reference buried
> several levels in. All the branding all the logos etc say acmenet and
> acmenet only (all the reference to being removed.)
> So basically using the way that domain are allocated they have co-opted my
> clients registered business name (and trading name, goodwill etc.). They
> also are based in NSW so have to respect (theoretically) NSW regulations.
> However the Department of Fair Trade wants nothing to do with this and
> there is no precedent (that I know of, or their lawyer for that matter)
> under which they can take action.
> This is not just a case of cyber-squatting but of cyber-piracy.
> What do people think should be the policy be on this matter? I look forward
> with some interest to replies.
> Cheers,
> Matthew King
> (By the way re. INA 's great floatation if you have not been a client of JB
> Weir or Comsec for ages you have no chance of getting any shares, none,
> nada. As told by a broker at JB Weir)
> CreativeInformation
> Domain registrations, internet design, hosting and services.
> Tel:    61 02 9460 6656
> Fax:    61 02 9460 6657
> Mobile: 61 0411 303090
> Email: mking&#167;
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Received on Fri Dec 03 1999 - 07:51:39 UTC

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