RE: [DNS] Very Concerned RE Trademark and IP issues with 'Generic Auctions'

RE: [DNS] Very Concerned RE Trademark and IP issues with 'Generic Auctions'

From: Adam Todd <auda§todd.inoz.com>
Date: Fri, 05 Jul 2002 16:43:59 +1000
>>It would not be appropriate for me to divulge publicly the exact name of the
>>company or domain without potentially prejudicing the auction for same that
>>is currently in progress and/or future legal avenues of pursuit, which look
>>like very much a probability.
>
>I just went to the website at the domain you use in your email address, and
>I don't think you are going to any great lengths to keep it secret either.

Onya Kim!  Bit busy to spend all my time doing this stuff, anyway, now with 
that on hand:

ACN 051 628 114 REGD NETWORK.COM.AU PTY LIMITED

Registered in Chatswood 1991, 22/10/1999.

ACN 085 789 813 REGD NETWORK. COM PTY LTD

Registered in Mount Martha VIC 3934  8/01/1999


I can see an immediate conflict here already.  Who is entitled to the name 
"network.com.au" because under the NOW auDA policy - BOTH are.

Yet, under my suggestion of aligning registration with Legislative 
registration, the first one is!

Now, having checked IP Australia - there is no trademark registered for 
"network.com.au" or "network com au"

Searching for "network" alone reveals dozens of variations of the 
registration by different people of the word in some stylized form.  So you 
can't seriously say you have a claim to "network.com.au" because you might 
have one of the dozen stylized forms.  All trademark holders under the 
current auDA policy would be entitled to register it, and anyone with 
"network" in their trade mark.  Again another fault of the auDA policy.


Now I've finally found it.  www.network.com.au as a registered trade mark 
but in fact the correct TRADE MARK is as follows:

NW WWW.NETWORK.COM.AU MAKING THE NET WORK FOR YOU


Anything less than that is NOT a registered trade mark (a fatal mistake so 
many fall into, but registering a sequence thinking they are 
protected.)  And of course the logo:

LTRS NW FORM MAP,AUSTRALIA,GROTESQUE


So anything short of that is unprotected too.

For anyone interested:  Trade Mark : 898376


It was applied for on 17 December 2001 a little late to deem it "prior" to 
the auction, either way, you don't have a right to "network.com.au" only 
the version with a "www." in front of it.

I should note it is STILL pending until at least 18 July 2002.  Noting 
however that yesterday was a busy day for that registration.  Seems a bit 
of correspondence is floating around.

Anyway, good luck with it, my opinion is that you don't have the basic 
domain name protected so good luck with your auction!
Received on Fri Oct 03 2003 - 00:00:00 UTC

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