Re: [DNS] Domain Names & Trade Marks

Re: [DNS] Domain Names & Trade Marks

From: Don Cameron <donc§mudgeeab.com.au>
Date: Tue, 6 Nov 2001 19:35:48 +1100
Hello Adrian and all,

Your perspective on the possible results of a legal challenge may well be
correct - however I still view the core issue as being summarised by the
question: "What is a Domain Name?".

Does the Domain Name 'logistics.com.au' (acknowledging that this is simply a
string of characters reverse-mapping an IP address), become the automatic
property of the person who registers the business name "Logistics Pty
Ltd"? - Do you pay for the Domain Name at the time of business
registration? - Do you declare that to the best of your knowledge, no other
business has a prior claim to the Registered Domain Name (such as might be
expected by any number of logistics companies), and would you accept your
choice of business name being refused on the basis that 'someone' has
previously purchased an Internet Domain with the same name, even though it
may not be a registered business name (or this argument being used to
prevent the registration of a Trademark?).

I am concerned that the legal argument probably works both ways... and what
a can of worms if we are to set this as a precedent - and if this is to be
enforced, then obviously the whole naming system would need to be
significantly tightened... would you accept a Domain that truly reflects
your company identity (such as 'logistics_ptyltd.com.au') as an acceptable
alternative?

Rgds, Don Cameron


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Received on Tue Nov 06 2001 - 08:44:46 UTC

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