DNS: Points for disscussion at the meeting 16\05\97

DNS: Points for disscussion at the meeting 16\05\97

From: whippet <whuippet§aardvark.apana.org.au>
Date: Tue, 13 May 1997 17:46:20 +1000
To Whom It May Concern

The following a relevent points for discussion at the upcoming meeting 
re dns allocations

The attached emails are perhaps a little confusing at first but the
situation will become clearer to the reader as the progress through the
following files

Warren Perry
287 Clayton Rd 
Clayton Vic 3168
whippet&#167;aardvark.apana.org.au

>From - Thu May 08 14:08:29 1997
Message-ID: <337151BD.4B56&#167;aardvark.apana.org.au>
Date: Thu, 08 May 1997 14:08:29 +1000
From: whippet <whippet&#167;aardvark.apana.org.au>
Reply-To: whippet&#167;aardvark.apana.org.au
X-Mailer: Mozilla 3.01 (Win95; I)
MIME-Version: 1.0
To: kre&#167;munnari.oz.au
CC: bartc&#167;connect.com.au
Subject: Domain Name Confusion
Content-Type: text/plain; charset=us-ascii
Content-Transfer-Encoding: 7bit
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Dear Robert

Following recent discussions with Bart Canistra of connect.com I have
been advised to contact you regarding the domain weddings.net.au.

I have an Australian registered business No 1321533n under the
registered name of weddings.net.

On the 04\04\1997, I made application to connect.com.au through
aunic.com for the domain weddings.net.au

On the 20\04\1997 while looking for progress on my application through
the aunic registry NAMESTAUS query I noticed the domain had been
issued to my direct competitor Weddings Online pty ltd.

I noted the date of application as 04\04\97. I then emailed to all
addresses I could find relevant to the site. I received the following
reply from Charles Brasted:

"> 
> Dear Sir/Madam
> 
> I have just noticed a new entry for the domain 
>        
>          weddings.net.au
> 
> I myself have an active application for this domain.
> 
> The trading name of the company in the registry is Weddings Online
> 
> My trading name is weddings.net (Registered Number 1321533n (VIC)) I see
> a clear conflict here if a domain name is awarded to an opposing company
> in my company's registered business name.
 

Hi,

Apologies for the delay in getting back to you on this,

two applications for weddings.net.au were made on the same day, the one 
you see at AUNICs whois gateway was made first.  As per the net.au 
policy, you will have to contact the owner of the said domain.

Charles"

As I read the domain policy, a dispute should be resolved by the parties
concerned then
connect.com notified as to the resolution of such a dispute. In my case,
the dispute would appear obvious to the administrators of the domain
names yet I was not even notified of a rival application. (Hardly giving
me room for negotiation)

The domain was allocated to my competitors in my Registered business
name without even notifying me my application had been unsuccessful.

I have made numerous attempts to contact the other party concerned who,
it would appear at least, has done his level best to avoid any contact
with me. Amongst email, voice calls,
faxes and registered mail I sent the following letter to all concerned
See Attached
Subject: 
      domain name application weddings.net.au
  Date: 
      Fri, 25 Apr 1997 16:48:14 +1000
  From: 
      whippet <whippet&#167;aardvark.apana.org.au>
    To: 
      dcoles&#167;mail.att.net
   CC: 
      dbmon&#167;connect.com.au, net-au-admin&#167;connect.com.au,
charlesb&#167;connect.com.au,
      ccair&#167;connect.com.au, paul&#167;hyperlink.net.au,
m.mitchell&#167;aiit.net.au


Warren Perry
                                                        287 Clayton Rd 
                                                        Clayton
Victoria                                                                       
3168
                                                        (03) 9544-3005
                                                       
whippet&#167;aardvark.apana.org.au
                                                       
24/04/97                  
 Weddings Online (ACN: T9550228)
      Suite 3, Level 2 Carbow Arcade
      134 Mann Street
      Gosford NSW 2250

The Director/s

I have recently noticed your application for the Internet domain name
"weddings.net.au".

I have an Australian Registered Business No.1321533N registered as
"weddings.net".

My business has national interests and the confusion and compromisation
of fair-trading, should your company be allowed to obtain this domain
using my trading name are obvious and need not be overstated.

My application for the Internet domain name was made the same day as
your application but my ARB registration clearly predates either
application.

I have made several attempts over the last few days to contact, by
telephone, fax and email, Dominic Coles as the contact person listed by
connect.com but have been unable to get a response.

I seek the early resolution of this matter to minimize inconvenience and
costs of  both parties involved.

Yours Faithfully,


WARREN PERRY

C.C. MAIL OFFICE OF BUSINESS AFFAIRS AND FAIR TRADING
C.C. MAIL DOMINIC COLES
C.C. EMAIL dbmon&#167;connect.com.au
C.C. EMAIL net-au-admin&#167;connect.com.au
C.C. EMAIL dcoles&#167;mail.att.net
C.C. EMAIL charlesb&#167;connect.com.au
C.C. EMAIL ccair&#167;connect.com.au
C.C. EMAIL paul&#167;hyperlink.net.au
C.C. EMAIL m.mitchell&#167;aiit.net.au


I fail to see how the resolution methods layed out in the net.au policy
can be enacted 
when connect.com.au has given my trading name to my  business rival
without even notifying me of the potential for dispute.

It would appear that the granting of the domain to my competitors is at
odds with 
Part 5 Section 52 of the Trade Practices Act. (aside from being a
blatantly obvious compromise of the ethics of fair trading)  

I have sought advice from the: Office of Fair Trading and Business
Affairs
                               Federal Ombudsman
                               Telecommunications Ombudsmen
                               Australian Consumer & Competition
Commission
                               Austel

The overall impression from all these parties, who are each looking into
the situation,
is that common sense has taken a second place to some other issue.

I have asked repeatedly for the time frame of the applications and have
been repeatedly denied access to this. This only can lead one to
wonder.......... why?
I am not suggesting any impropriety but one can only wonder at the
manner in which this matter has been handled by connect.com.au and
Weddings Online.

I believe that my business interests have been unreasonably compromised
by this situation.
I ask you please to review the situation if only to put the situation on
hold until we have a resolution to this dispute

Yours Sincerely

Warren Perry
whippet&#167;aardvark.apana.org.au


c.c. Office of Fair Trading and Business Affairs
c.c. Jan Wade MP
c.c. Office of the Federal Ombudsmen
c.c. Office of the Telecommunications Ombudsmen
c.c. Australian Competition and Consumer Commission
c.c.email: Bart Canistra (bartc&#167;connect.com.au}

>From - Mon Apr 21 00:55:48 1997
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From: Charles Brasted <charlesb&#167;connect.com.au>
Message-ID: <199704200615.QAA21521&#167;ollo.off.connect.com.au>
Subject: Re: weddings.net.au
To: whippet&#167;aardvark.apana.org.au
Date: Sun, 20 Apr 1997 16:15:35 +1000 (EST)
Cc: net-au-admin&#167;connect.com.au, m.mitchell&#167;aiit.net.au
In-Reply-To: <33597644.39E9&#167;aardvark.apana.org.au> from "whippet" at Apr 20, 97 11:49:56 am
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> 
> Dear Sir/Madam
> 
> I have just noticed a new entry for the domain 
>        
>          weddings.net.au
> 
> I myself have an active application for this domain.
> 
> The trading name of the company in the registry is Weddings Online
> 
> My trading name is weddings.net (Registered Number 1321533n (VIC)) I see
> a clear conflict here if a domain name is awarded to an opposing company
> in my company's registered business name.
 

Hi,

Apologies for the delay in getting back to you on this,

two applications for weddings.net.au were made on the same day, the one 
you see at AUNICs whois gateway was made first.  As per the net.au 
policy, you will have to contact the owner of the said domain.

Charles


domain:      weddings.net.au
descr:       Weddings Online (ACN: T9550228)
descr:       Suite 3, Level 2 Carbow Arcade
descr:       134 Mann Street
descr:       Gosford NSW 2250
admin-c:     DC14-CC-AU
tech-c:      DC14-CC-AU
zone-c:      DC14-CC-AU
nserver:     elausrv1.att.net.au
nserver:     elausrv2.att.net.au
notify:      dbmon&#167;connect.com.au
changed:     net-au-admin&#167;connect.com.au 970404
source:      CCAIR


>From - Tue May 06 23:44:52 1997
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  (8.8.5/IDA-1.6); Tue, 6 May 1997 13:15:37 +1000 (EST)
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  (8.8.5/IDA-1.6); Tue, 6 May 1997 13:15:36 +1000 (EST)
From: Charles Brasted <charlesb&#167;connect.com.au>
Message-ID: <199705060315.NAA23823&#167;ollo.off.connect.com.au>
Subject: Re: weddings.net.au
To: whippet&#167;aardvark.apana.org.au
Date: Tue, 6 May 1997 13:15:35 +1000 (EST)
Cc: net-au-admin&#167;connect.com.au
In-Reply-To: <336E2A8A.2469&#167;aardvark.apana.org.au> from "whippet" at May 6, 97 04:44:26 am
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> > two applications for weddings.net.au were made on the same day, the one
> > you see at AUNICs whois gateway was made first.  As per the net.au
> > policy, you will have to contact the owner of the said domain.
> > 
> > Charles
> > 
> Can you please forward me evidence of the reciept of applications
> 
> regards
> 
> warren perry
 
Warren,

We process applications in the order that we receive them.  

The admin contact for weddings.net.au is someone called Dominic Coles of
AT&T Easylink.  Really, it has very little to do with connect.com.au now, as
weddings.net.au is now owned by another party, who have nothing to do 
with connect.com.au.

[you can extract further contact info for Mr Coles by using
whois -h whois.connect.com.au DC14-CC-AU]

This should be clear from the net.au policy, and I really don't have
anything to add to that, they applied first, so they got the domain.  You
have to go through them if you want to use weddings.net.au in any way.

Charles


>From - Wed May 07 14:02:35 1997
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  (8.8.5/IDA-1.6 for <whippet&#167;aardvark.apana.org.au>); Wed, 7 May 1997 10:34:02 +1000 (EST)
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To: whippet&#167;aardvark.apana.org.au
cc: net-au-admin&#167;connect.com.au
Subject: weddings.net.au
Mime-Version: 1.0
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Date: Wed, 07 May 1997 10:34:00 +1000
From: Craig Bishop <csb&#167;connect.com.au>
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Content-Length: 793

Warren,

In our role as the domain administrator for net.au. Connect have acted
correctly and consistently with the existing policy for net.au domain
names.  If you have a problem and you wish to take it further the
person who is responsible for .au who allocated us net.au to administer
is Robert Elz <kre&#167;munnari.oz.au>.

However, I suggest you will not get very far there either. Any action you
wish to take should be directed at your competitor not Connect. Through
whatever process you like if you can convice your competitor to release
the domain we will gladly allocate it to you.

We will not be taking further action on this issue or responding to
further email.

Craig

-- 
Craig Bishop - Technical Manager
csb&#167;connect.com.au
http://staff.connect.com.au/csb/



>From - Fri Apr 25 16:48:14 1997
Message-ID: <336053AE.5CF2&#167;aardvark.apana.org.au>
Date: Fri, 25 Apr 1997 16:48:14 +1000
From: whippet <whippet&#167;aardvark.apana.org.au>
Reply-To: whippet&#167;aardvark.apana.org.au
X-Mailer: Mozilla 3.01 (Win95; I)
MIME-Version: 1.0
To: dcoles&#167;mail.att.net
CC: dbmon&#167;connect.com.au, net-au-admin&#167;connect.com.au,
	charlesb&#167;connect.com.au, ccair&#167;connect.com.au,
	paul&#167;hyperlink.net.au, m.mitchell&#167;aiit.net.au
Subject: domain name application weddings.net.au
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Warren Perry
							287 Clayton Rd 
							Clayton Victoria									3168
							(03) 9544-3005
							whippet&#167;aardvark.apana.org.au
							24/04/97		  
 Weddings Online (ACN: T9550228)
      Suite 3, Level 2 Carbow Arcade
      134 Mann Street
      Gosford NSW 2250

The Director/s

I have recently noticed your application for the Internet domain name
"weddings.net.au".

I have an Australian Registered Business No.1321533N registered as
"weddings.net".

My business has national interests and the confusion and compromisation
of fair-trading should your company be allowed to obtain this domain
using my trading name are obvious and need not be overstated.

My application for the Internet domain name was made the same day as
your application but my ARB registration clearly predates either
application.

I have made several attempts over the last few days to contact, by
telephone, fax and email, Dominic Coles as the contact person listed by
connect.com but have been unable to get a response.

I seek the early resolution of this matter to minimize inconvenience and
costs of  both parties involved.

Yours Faithfully,


WARREN PERRY

C.C. MAIL OFFICE OF BUSINESS AFFAIRS AND FAIR TRADING
C.C. MAIL DOMINIC COLES
C.C. EMAIL dbmon&#167;connect.com.au
C.C. EMAIL net-au-admin&#167;connect.com.au
C.C. EMAIL dcoles&#167;mail.att.net
C.C. EMAIL charlesb&#167;connect.com.au
C.C. EMAIL ccair&#167;connect.com.au
C.C. EMAIL paul&#167;hyperlink.net.au
C.C. EMAIL m.mitchell&#167;aiit.net.au

>From - Tue May 13 02:18:34 1997
Message-ID: <337742DA.3BEA&#167;aardvark.apana.org.au>
Date: Tue, 13 May 1997 02:18:34 +1000
From: whippet <whuippet&#167;aardvark.apana.org.au>
Reply-To: whippet&#167;aardvark.apana.org.au
X-Mailer: Mozilla 3.01 (Win95; I)
MIME-Version: 1.0
To: glen.barnwell&#167;accc.gov.au
Subject: Regarding Telephone Conversation 12/05/1997 re weddings.net
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Dear Glen

In reference to the telephone call I made to you in reference to my 
business name being allocated to my direct competitor.

My business name is weddings.net the domain in question is 

weddings.net.au

The rival company is called Weddings Online (NSW).

I have since been contacted by Mr. David Jackson Gross the director of
the above company.
He is quite happy to follow whatever directive is given by the acting 
authority. He claims to treat the address like a street address.
I do not believe this to be valid when the trend among companies
globally 
is to use their trading name as their Internet address
i.e. microsoft.com
    accc.gov.au
    connect.com.au
    pepsi.com
    ibm.com
    abc.com.au
 
Further, the policy states that the name must be a direct derivative of
the trading name.

http://registry.connect.com.au/cgi-bin/na-policy.cgi

I would ask you to please give this matter your immediate attention

Yours Sincerely

Warren Perry
Received on Tue May 13 1997 - 18:22:36 UTC

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