Mainly intellectual property (IP) issues Down Under

auDRP Overview

Prof Andrew Christie is launching the auDRP Overview, an analysis of decisions under the auDRP on Wednesday 27 August 2014 at 9:15am.

On the problems of descriptive names

The Full Federal Court has dismissed Kosciuszko Thredbo’s appeal from the dismissal of its claims against ThredboNet.

auDA reviews whoIS policy

auDA, the body which administers the domain name system in the .au (i.e. Australia) space (OK, ccTLD) has embarked on a review (pdf) of its WhoIS policy. There are 2 main issues: Should there be any changes to auDA’s WHOIS Policy covering the collection, disclosure and use of WHOIS data for .au domain names? Should access to .au domain name data (other than via WHOIS) be opened up? Apparently, there was a.. Read More

Getting back domain names

Bromberg J orders transfer of the domain names arising from trade mark infringement, but Middleton J finds no misrepresentation in the use of vendoradvocacy.com

auDRP review

auda is conducting a review of the auDRP – the dispute resolution policy covering domain names registered in the .au domain name space. The auDRP was derived from the UDRP, so many of the principles worked out under the latter are equally applicable under the auDRP. Two of the main differences, however, are that under the auDRP: a complainant may have rights sufficient to found a complaint “in a name”,.. Read More

Names and transfer policies for .au domain names

auDA is the body regulating the .au “name space” or ccTLD. In that role, it has issued a number of policies including the auDRP (modelled on the UDRP) for the resolution of disputes between rights “holders” and the registrants of confusingly similar domain names. auDA’s Board has now announced its acceptance of a number of the recommendations of: the 2010 Names Policy Panel (pdf); and the Secondary Market Working Group (pdf). 2010.. Read More

ICANN approves ‘historic’ new gTLD regime

ICANN’s board meeting in Singapore today voted to launch new top level generic names: apparently 13 voted for, 1 opposed and 2 abstained. Currently, gTLDs there is a closed system, confined to 22 different types such as .com, .info, .biz etc. Under the new plan, there won’t be any limits on what can be the top level domain. Thus, if Sony wanted to launch its own top level domain such.. Read More

More on new gTLDs

Further to yesterday’s post, ICANN has released: v4 of the draft Applicant’s Guidebook; and an Economic Framework for the Analysis of the Expansion of Generic Top-level Domain Names; and two “snapshots”. The materials are open for public comment until 21 July. Lid dip: Marty The Economic Framework and snapshots can be downloaded via here. Try not to be cynical: this is about giving people who missed out on registering their.. Read More

Australian government consults on new gTLDs

ICANN is considering introducing new gTLDs – the top level domains that come after the last “dot” in a domain name (e.g., .com, .au). The Australian government is now seeking your views on what it’s position should be. You can find out more, and the contact details, here (pdf). Marty Schwimmer looked at some of the issues for someone thinking of introducing their own .brand (via here). More ICANN resources.. Read More

dot “brand” TLDs

ICANN is looking at introducing new top level domains where, instead of .com or .net, it would be .[brand] e.g., .sony (of course, I have no idea whether or not Sony would be thinking of such a TLD). Marty Schwimmer looks at some of the things a brand owner who wished to have their own (top level) space on the internet would need to think about.