I had a similar problem except the business was not trading in this instance
but owned the domain name we wanted. The registrar was Melb IT and from
memory, was suggested (through this list) to make a 'claim' via
policy§melbourneit.com.au

Even though the real estate company are still trading albiet under another
name, I think you would have a good chance of securing the name.

I believe the key to this is that the Business Name they used to register
the domain is now deregistered and that should allow you to make a valid
claim.

Yes I could be wrong but given my own experience, I would go for it given
you make sure your client is aware of the work/time/hours you are putting
into this and get their OK on billing. Otherwise, leave it alone - it's just
not worth it if you are going to persue this as a good will gesture.

In our own situation, we ended up getting the domain name we wanted ....
thanks to the prompt assistance of Melb IT (not a paid political
announcement).

Regards,
Chas Cleland
AUSCITY.COM

----- Original Message -----
From: "John Thomson" <john&#167;hep10.com>
To: <dns&#167;lists.auda.org.au>
Sent: Thursday, January 09, 2003 6:14 PM
Subject: [DNS] can anyone help me out with this query?


Hi All

Hope you had a great xmas and all the best for the new year.

I have a client who is trying to get a domain from someone else. The people
who own the domain are using it. It is goldcoasthomes.com.au. Their business
is called Dytor and Yates Real Estate. My client has registered business and
company names Gold Coast Homes. The domain owners previously registered the
goldcoasthomes.com.au domain name using a business name they registered but
have since removed.

Has my client got legal right to go after them for the domain name even
though they have been using it for some time? Under common law they can't
trade under that name since my clients own the business name. I just wonder
if they can get the domain from these people. Can anyone provide some
insight as to policies on this type of situation?

Many Thanks

John Thomson
www.hep10.com