RE: [DNS] By passing name checks with ABN's for .au's

RE: [DNS] By passing name checks with ABN's for .au's

From: Mark Hughes <effectivebusiness§pplications.com.au>
Date: Fri, 15 Mar 2002 00:54:08 +1100
No new issues are raised by this.

> one could register an ABN with the ATO having a
> trading name of Microsoft, INA, or MelbourneIT. The ATO would
> never validate the trading name.

Under the domain name rules that have existed for yonks:

* a business name of "Microscope Software" could be used to apply for the
domain name "microsoft.com.au"
* a business name of "International Networking Associates" could be used to
apply for ina.com.au
* a business name of "Melbourne Importers and Traders" could be used to
apply for "melbourneit.com.au"

Those three business names (or other similar ones with the same effect)
could easily be created - no validation checks applied by the relevant govt.
department in each state would prohibit their creation.

So the example given above raises no new issues.

The domain name application process does NOT check what rights the applying
entity has to the name its applying for.  The application process uses a set
of rules to check the name applied for against an external list of names -
eg. company name, business name, ABN name.

It doesn't check whether the applicant has the right to use that company
name, business name, or ABN Name.  Nor should it.  It would be inappropriate
for auDA to second-guess whether a company name granted by ASIC or a
government dept business name should or should not have been issued to that
entity.

The appropriate mechanisms to deal with the examples you give above are the
existing laws about trademark infringement and 'passing off', etc.


Regards, Mark

PS - apologies for posting to the list comment on an issue of substance! :)

Mark Hughes
Effective Business Applications Pty Ltd
effectivebusiness&#167;pplications.com.au
www.pplications.com.au
+61 4 1374 3959



> -----Original Message-----
> From: Chris Disspain [mailto:ceo&#167;auda.org.au]
> Sent: Thursday, 14 March 2002 12:45
> To: dns&#167;lists.auda.org.au
> Subject: RE: [DNS] By passing name checks with ABN's for .au's
>
>
> David,
>
> Thanks for this. I'm looking into it at the moment. In the meantime,
> please send me (off list if you wish) the details of the example of an
> ABN trading name you refer to.
>
> Regards,
>
> Chris Disspain
> CEO - auDA
> ceo&#167;auda.org.au
> www.auda.org.au
>
>
> -----Original Message-----
> From: David Ford [mailto:djford&#167;prepaidonline.com.au]
> Sent: Thursday, 14 March 2002 9:46
> To: dns&#167;lists.auda.org.au
> Subject: [DNS] By passing name checks with ABN's for .au's
>
> Hello all,
>
>  	It seems there is a flaw in name checks for allocating a .au
> domain.
>
>  	auda currently allows an ABN listed trading name as sufficient
> proof of
> naming rights.
>
>  	When registering for an ABN, trading names are NOT validated.
> The ATO have
> no reason to, the ABN is only for tax purposes as far as they are
> concerned.
> Ask the ATO (13 24 78) they will confirm this.
>
>  	The Office of consumer and business affairs (08) 8204 9628 in
> South
> Australia, requires for a trading name to be recognized it must be
> registered as a business or company name. Yet the ATO will not check
> that a
> trading name is registered.
>
>  	So hypothetically speaking one could register an ABN with the
> ATO having a
> trading name of Microsoft, INA, or MelbourneIT. The ATO would never
> validate
> the trading name.
>
>  	Then approach INA/melbourne IT and request the domain
> microsoft.com.au or
> ina.com.au or melbourneit.com.au to be registered and it would approved
> based on the information from the ABN. This was put to the ATO and a
> representitive from melbourne IT - they agreed it was an absurd outcome,
> but
> by current auda policies possible.
>
> 	A VERY similar thing is happening with a client at the moment,
> they own the
> name by registration of company and business names, yet they have lost
> their
> most deserving domain name due to an ABN trading name.
>
> Thoughts people?
>
> David Ford.
>
>
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Received on Fri Oct 03 2003 - 00:00:00 UTC

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