Mallesons Stephen Jaques
Confidential communication
 
Is there any reason why, in a space like .com.au (for commercial entities)
or .net.au (in practice for commercial entities), there needs to be any
restrictions on what can be registered as a domain name provided that the
name is not itself in breach of some third person's rights or otherwise
likely to mislead or deceive the public?

Warwick A Rothnie
Partner
Mallesons Stephen Jaques Melbourne
Direct line (61 3) 9643 4254
Fax (61 3) 9643 5999


-----Original Message-----
From: Patrick Corliss [mailto:patrick§quad.net.au]
Sent: Wednesday, 18 October 2000 5:02:AM
To: dns§auda.org.au
Subject: Re: [DNS] Place Names


Hi David

I agree with Scott here and would add that "continuing use" is a common
enough
policy.  In domain names I consider that it would be quite improper to
renege
on a previous agreement when untold amounts may have been spent promoting
the
relevant website.

That's not to say the opposite hasn't got some merit.  One example is leases
where the lease expires and the cost of all the renovations is lost.  The
difference is that you knew the terms of the lease when you entered into the
lease agreement.

It your case it seems to me there are three possibilities in Australia:

(1)    Lodge the application and, when refused, go to arbitration
(2)    Get the local Council to cancel Appleby as a place on the map
(3)    Register the name with Conect.com in the .net.au name space.

Alternatively you can share (or buy) one of the global TLD Applebys.  For
example, see if you can get any agreement with Anthony Appleby who seems to
have appleby.org.

I note that dappleby.com has gone to a Don Appleby but dappleby.net and
dappleby.org are both available right now.  If all else fails, you can
always
change your name !!


Good luck
Patrick Corliss




----- Original Message -----
From: Scott Neville <scott&#167;teragen.com.au>
To: <dns&#167;auda.org.au>
Sent: Wednesday, October 18, 2000 2:29 AM
Subject: Re: [DNS] Place Names


> Hi..
>
> > Further to my reasons to register this, Sydney and Melbourne are both
> > .com.au Internet names. I understand these names were registered in 1995
> > which was before the Name Place policy was introduced.
>
> Hindsight is a wonderful thing.. I personally would rather that sydney and
> melbourne not been granted, but any responsible registrar has to deal with
> what has been done in the past as best as they can..
>
> > An example comes to mind.
> > In Victoria, a previous road rule was: a car turning left at an
> > intersection must give way to an oncoming car turning right into the
same
> > street.
> [...]
> > There are not 20,000 people following the old law and 10,000 following
the
> > new law, they all follow the new law.
>
> Another example.. Certain antique cars are registered today that would not
> pass the registration requirements of cars manufactured today, yet when
> renewal time comes up, they are still allowed to renew the rego..
>
> You can find an example of anything, it doesnt make it relevant or
> applicable to domain name renewals..
>
> > The same exists with these people who have registered place names before
> > the policy was raised. I say this because once the renewal is due, it
> > should have been revoked.
>
> > This now brings me to precedent.
> > Because the old place name people were allowed to renew, it then
confirms
> > the precedent that it is OK to use place names on the Internet in the
> > .com.au domain.
>
> That is not what the rules say or imply.. They do say that if you
> registered a name previously that now does not fit the rules, you can
> renew it but could not register it again.. I can see numerous legal
> problems with taking away the domain name of a business who registered it
> in good faith and think it would do far more damage to domain name
> policy/industry/good-will in Australia..
>
> > I believe there should be some criteria that can be met ie the
ratification
> > of the request to use the name by the elected local authority, in this
case
> > Parry Shire Council. This should be done, in writing and forwarded to
the
> > registering company for clarification before registration takes place.
>
> I dont see how a local council can have the authority to grant a business
> or company the right to use its name for their own.. But if you think you
> have a legitimate reason why you should be exempt from the place-name
> rule, by all means take it up with INWW or whoever they are this week..
> They have always listened when I have called them with what I believed was
> a legitimate discrepency..
>
> scott..
>
> --
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--
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.
351 subscribers. Archived at http://lists.waia.asn.au/list/dns (dns/dns)
Email "unsubscribe" to dns-request&#167;auda.org.au to be removed.