On Tue, 31 Oct 2000, m§rk.net wrote:

> >I know that it's actually the Minister who sets what names are
> >"undesirable" (s.9)  - in this case, Marsha Thompson MLC.
> >
> >Any lobbyists amongst us? A petition to the Minister???
> What's your motivation for trying to block them? Jealousy?
> 

I'm not a lawyer but it is my understanding that it
is a misdemeanor for a business to use deceptive or 
misleading business names or addresses in its advertising
or in the course of business.

The name "Domain Name Authority of Australia" may fall into
this category. How about "Tax Authority of Australia"
or "Water Authority of Australia" etc you get the drift.

At some point a name is not acceptable and the appropriate
remedy is applied.

The other issue of soliciting a consumer in itself is not
illegal but combined with a name such as the above may well
result in the consumer being deceived into paying a party
that effectively has no right to that payment.

What if I offered to pay your phone bill? Would you
send me the money and hope that I did this for you?

The rather purile response from the Department is
disappointing to say the least.

They say:

Quote:
I have spoken to our Business Affairs Branch and have been
advised that the word "Authority" is not prohibited by the
Act and the context the word is used in it's name had been
reviewed when the name was applied for and found to be
acceptable.
Unquote:

Yes but what about now? They should investigate the
complaint in light of issues that were not apparent at the
time of the original registration. If the person
looking at it at the time had no notion of what a
"Domain name authority" was or how the company was
going to operate then their decision could be wrong. 

(Not to mention the "Authority of Australia"
part which is even more glaring a mistake).

regards doug












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Doug Robb
Clarity Software Pty Ltd      http://clarity.com.au
GPO Box 763                   Phone: 0403 02 2527
Nedlands 6909                 Fax:   (618) 93867564
Australia                     email: doug§clarity.com.au
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