>owned by Oracle Corporation.  A trademark identifies goods or services
>rather than entities.

It also protects to use of the mark and can extend beyond a country.

>organisations are more likely to be searched for by their product with many
>people possibly not even knowing the formal name of the trading entity.
>For those people a domain name that approximates their trade mark would be
>appropriate.

Totally agree and that's where the NSI policy seems to work.  Most times.

>In my view Melbourne IT (and any other current or potential NIC) should not
>impose any requirement whatsoever on an applicant for a domain name and
>should play no role in resolving disputes about names.  The safest approach

I've been fighting that line for over 3 years.  NSI stepped up on that
matter and do their best to avoid issue, but they do put the Domain Name on
hold.  We feel this should only happen if ordered by a court, not at the
discression of NSI or the Registry.

>is for them to register on a first come first served basis, although
>obviously if they form the view that someone has no motive other than to
>hijack a name for ransom I see no reason for them not to refuse the
>application.  This should be a sparingly exercised power, though.

I once suggested using exactly the same proceedure for registering Business
Names and Companies as a suitable policy.  In particular Business Names.
The proceedure is fairly strict, in combination with the Comapnies Name
proceedure, a similar or like name would need to be authorised by the
"first" holder of a like name.

It's really not much trouble to take that action if you truely want a name
of some sort.

>If someone uses a name in trade or commerce and that is misleading or
>deceptive because people think it belongs to someone else that will usually
>be actionable under the Trade Practices Act and that is where the fight
>should be held.

And will be.  Although with MIT's current policy and inability often to
apply it all the way to point 7, they will probably be dragged into the
mess as well.

>NIC's that want to set up dispute resolution mechanisms
>and complicated thresholds for applicants are just buying trouble in my
>view.

That's been said hundreds of times.  It appears to be correct in the view
of most people.

>At the moment no-one can demand a domain name but it won't be long
>before a refusal to register a name is challenged and we may see some
>interesting law as a result!

Keep watching :)  Challenges don't appear overnight. 


      The world operates 24 hours a day ... so do the servers.
-------------------------------------------------------------------------
The advice offered in this email is not considered professional advice,
or it would be accompanied by an invoice. No permission is granted for 
republication of comments, without written consent.
-------------------------------------------------------------------------
Business Development, Technology Domain Registration and Network Advisory
Telstra Convery Member
Adam Todd                                 Personal http://adamtodd.ah.net  
						   http://adam.says.sheesh
Phone +61 2 9729 0565                     Network  http://www.ah.net
AU Root Server Confederation              http://aursc.ah.net
AU Internet News  mailto:internet-request§ah.net  with "subscribe"