Things get more interesting by the day in COMAU...

Here's an email response I got when querying a domain application that
was late in being approved (4 business days). I've blanked out our
customer's details.

---
Dear Applicant,

Our searches indicate that the domain you applied for is identical
to a registered tradmark(s).

The existence of this identical registered name indicates that a
third party may claim intellectual or proprty rights in that name.
In the domain name application you have warranted that the name applied
for doesn't breach the rights of any third party.

In order to proceed with you application, we ask that you complete the 
attached trademark warranty document.

You application will be held for seven days after which, if the document
is not recieved we will assume that you do not with to proceed with the
application and it will be removed from the pending queue.

ATTACHMENT:warranty.doc
---
Internet Names World Wide Letterhead personally addressed to *our*
client...

Name #####################
Company ##################
Address ##################

Dear #### ########,

Our searches indicate that the domain name #####.com.au for which you
have applied is identical to the following registered trademarks:

Word: #######  Number: ###### Category: 12
Word: #######  Number: ###### Category: 29 
Word: #######  Number: ###### Category: 29 
Word: #######  Number: ###### Category: 30 
Word: #######  Number: ###### Category: 9 
Word: #######  Number: ###### Category: 25 
 
The existence of this identical registsred name indicates that a third
party may claim intellectual or property rights in that name. In your
domain name application you have warranted that the name applied for
does not breach the rights of any third party. Given the above
registered name, we cannot proceed with your application unless you
reconfirm your warranty in the form of the following confirmation:

"I am aware of the existence of the registered trademark and confirm my
warranty that the registration and use of the name I have applied for
will not breach the intellectual, property or other rights of the 
registered owner of trademark or any other third party."

Signed:         Name: (please print)
Dated:          Title:

This document must be returned to this office with SEVEN days. Failure
to do so will result in your application being declined.

Your sincerely,

Customer Service Center
---


Well I read the Policy, the Terms & Conditions and the PISP Agreement
several times before ringing Jon Lawrence at INA. He quoted the Terms &
Conditions s.9.7:

"The Applicant warrants to INA that neither the registration of the
Domain Name nor the manner in which the Domain Name is directly or
indirectly used infringes on the legal rights of a third party." 

He refused to say *why" INA was doing this except that INA could do 
this "based on legal advice".

Ok, not only is this warrant made at the time of the application -
electronically - but since when did trademark protection become part of
the COMAU Policy?? And why is Melbourne IT processing applications
"based on legal advice"??? The policy is pretty bloody clear to me!

Regards,
Raoul

-- 
# Raoul Wegat
# Managing Director & Chief Technology Officer
# Nitrogen Interactive Pty Ltd
# 32 Queen Street, St. Kilda East VIC 3183 Australia
# Tel: +61-3-9593-9666 Fax: +61-3-9593-9670
# Email: <raoulw&#167;nitrogen.net.au>