Re: [DNS] FW: [DNS] Brisbane.com is blackwoods.com.au in the same boat ?

Re: [DNS] FW: [DNS] Brisbane.com is blackwoods.com.au in the same boat ?

From: Nick Andrew <nick§zeta.org.au>
Date: Wed, 7 Feb 2001 14:35:17 +1100
On Wed, Feb 07, 2001 at 02:07:46PM +1100, Richard Archer wrote:
> At 13:23 +1100 7/2/01, Baljevic, Dusan wrote:
> >DNS is part of business activities and an important one.
> >Concise summary: if a company is allowed to register
> >a specific business name, then it is their right to
> >register the same domain name.
> 
> So what you are arguing is that if you're an Australian business 
> called XYZ Pty Ltd that you should have an automatic right to the 
> domain name xyzptyltd.com.au.

I think there are two different rights here, and they're being
confused. The first is a right to register (and by implication, hold)
a given domain name, and the second is the right to usurp that
domain name from some prior registrant.

I'd contend that WIPO is granting right to usurp willy-nilly. I seem to
recall their rules for in this regard are fairly strict, requiring
bad faith as well as other evidence. This seems to have been put aside.
Another area of concern is their willingness to transfer registered
domain names on the basis of similarity to (rather than exact match to)
trademarks.

Nick.
-- 
Pacific Internet               SP4          http://www.zeta.org.au/~nick/
   "If you want to build a ship, don't drum up people together to collect
   wood or assign them tasks and work, but rather teach them to long for
   the endless immensity of the sea." -- Antoine de Saint Exupery
Received on Wed Feb 07 2001 - 11:35:21 UTC

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