Hi Paul

The company in question was registered well and truly before any
announcement of generic auctions and in fact the Trademark application was
also clearly prior to that date too!

	This from ASIC National names index search:
		Registration Date 09/04/1991   Status Registered

	and this shows the date of name change to current name:
		12/11/1999 205A Notification of Resolution Changing Company Name

I am aware that the company had previously made several applications to Melb
IT for the domain since adopting the new company name and had lodged an
appeal prior to auDA taking over the generic names.  That appeal was never
heard despite much protest.

I also know that auDA has been made aware and kept abreast of all this
information too.

So shouldn't they have an obligation to disclose such claim to Common Law
Mark, Approved but pending Trademark and associated rights?  I would have
thought that to hide this info would be misleading?

Do you agree?

Phil Wright


-----Original Message-----
From: Paul Foxworthy [mailto:paul§cohsoft.com.au]
Sent: Friday, 5 July 2002 12:31 PM
To: dns§lists.auda.org.au; dns§lists.auda.org.au
Subject: RE: [DNS] Very Concerned RE Trademark and IP issues with
'Generic Auctions'


At 11:35 AM 05/07/2002 +1000, Phil Wright wrote:
>One would generally expect that in general generic names would be harder to
>Trademark etc and perhaps claim under Common Law Mark too.  They would also
>be harder to register as a Pty Ltd company too!
>
>How about this scenario?  Only the company name is changed the rest is
>fact - *name* = semi-generic word
>
>Company registered as     *name*.com.au Pty Ltd
>Company trading under that name with goodwill and clients in Internet
>related businesses
>Company registers Trademark that includes protection of logo, the exact
>company name ie *name*.com.au and the text www.*name*.com.au and a catch
>phrase that in essence partly describes the business of the company and
>goods and services description.

Let me get this straight - you registered a business or company name of the
form www.<genericname>.com.au *before* the generic names auction, when you
had no guarantee you would obtain the corresponding domain name.

Now you want auDA to scare off other potential bidders for the domain name.

Tell us, did you register the business name before or after the generic
auctions were announced?

Cheers

Paul Foxworthy


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