Re: RE: [DNS] Domains and Trademarks

Re: RE: [DNS] Domains and Trademarks

From: jamesguy <jamesguy§guyassociates.com.au>
Date: Sat, 19 Jul 2003 11:42:02 +1000
Well the governing body depends upon the forum where the complaint is iniated could be IP Australia at examination, Federal Court at opposition, Federal or Supreme Court in infringement proceedings, or UDRP/auDRP proceedings.

There is of course the right to appeal from an ADR process but it is limited in scope to breach of natural justice and procedural undairness.  If the matter is started in teh courts then the appeal factor kicks in but in most cases people realise they are on a winner.

Of course any adr process is governed by the policy of auda and each case is supposed to be looked at freshly.  Further, the Courts would look at the policy and the existing trade marks law.  Trade marks law is governed by statute and judge made law and is its initial formation took place in protocols of trade and eventually international treaty which governments are bound to follow and many have ratified into legislation.

So when you refer to governing body the issues are complex and yes the ability to forum shop is something that any good lawyer dealing with this sort of dispute would consider.

Not sure I have answered your question?


> Which "Governing body" do you refer?
> 
> The ACCC responsible for upholding the Trade Practices Act?
> IP Australia and the Federal Court in conjunction with ACCC for
> upholding Intellectual Property issues?
> 
> Both of those are situations with a decision by a 'Governing body' by
> rule of law.
> 
> Or were you referring to the current rules as adopted by the auDA?
> 
> Cheers
> 
> Phil Wright
> 
>  
> 
> -----Original Message-----
> From: Ian Halson [mailto:auda&#167;lemonstone.com.au] 
> Sent: Friday, July 18, 2003 11:36 PM
> To: dns&#167;lists.auda.org.au
> Subject: [DNS] Domains and Trademarks
> 
> 
> On the subject of trademarks,
> 
> I was browsing the Atmoss database, as one does from time to time ;-), 
> and noticed a growing trend towards the registration of domain names as 
> trademarks. A percentage of which were "generic" or "desirable" 
> domains. While the majority were registered by the current registrant 
> of the domain name, some apparently were not.
> 
> My question is, does the registration of the domain as a trade mark 
> give (in the eyes of the governing body) the trade mark holder the rite 
> to the domain name above others. Even if the trademark application was 
> made after the domain was registered by a different party? I think I 
> understand the theory of different classes, but obviously if you 
> trademark a business name as a com.au you would expect your domain name 
> to be the same.
> 
> 
> Thanks
> 
> Ian
> 
> 
> ------------------------------------------------------------------------
> ---
> List policy, unsubscribing and archives =>
> http://www.auda.org.au/list/dns/ Please do not retransmit articles on
> this list without permission of the 
> author, further information at the above URL.  (368 subscribers.)
> 
> 
> ---------------------------------------------------------------------------
> List policy, unsubscribing and archives => http://www.auda.org.au/list/dns/
> Please do not retransmit articles on this list without permission of the 
> author, further information at the above URL.  (368 subscribers.)
> 


Kind regards

James Guy

Principal
Guy & Associates
      Solicitors & Trade Marks Agent

Level 25 Optus Centre
367 Collins Street
Melbourne
VIC 3000
AUSTRALIA

Phone: +61 3 9221 6151
Fax:   +61 3 9383 6161
Mobile:+61 0407085553
website:  guyassociates.com.au

This email (including any attachments) is intended only to be read or used by the addressee. It contains information that may be confidential and legally privileged. If you are not the addressee,or you have received this email by mistake, you must not disclose,copy or distribute it or use the information contained in it (or any attachments) in any way.

If you have received this message in error please notify Guy & Associates by return email or reverse charges telephone call to +61 3 9221 6151 and then delete this message and any copies of it. Please also contact us if you have any doubts about the authenticity of this email.

Any legal professional privilege between solicitor and client, or any other rights, are retained by Guy & Associates and are not lost or waived because you have received this message in error. This email (including any attachments) may also contain computer viruses or other defects. Guy & Associates is not liable for any loss or damage that may be caused by these viruses or defects.
Received on Fri Oct 03 2003 - 00:00:00 UTC

This archive was generated by hypermail 2.3.0 : Sat Sep 09 2017 - 22:00:07 UTC