IPwars.com

Mainly intellectual property (IP) issues Down Under

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 workshop in October.. Read More

The power of a registered trade mark

If you have tried to buy, sell or rent property in Australia in the last 10 years (at the least!), like some nearly 7 million other Australians you have no doubt come across realestate.com.au, the web-portal run by REA Group. Real One also competes in that space.[1] Bromberg J has held that Real One’s logos: did not “pass off”[2] REA Group’s logos: Nor did they infringe REA Group’s registered trade mark: [3] However, the.. Read More

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”, not just a trade.. 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 Names Policy Panel.. 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 domain name in.. Read More

Levying execution against a domain name

The US Ninth Circuit Court of Appeals has upheld a district court ruling in which a creditor of John Zuccarini successfully levied execution against a domain name held in Mr  Zuccarini’s name. Mr Zuccarini, sometimes known as Cupcake Patrol and other “colourful” noms de plume, may be familiar to those of you around in the “old” days of the UDRP from the frequency in which he appeared as a respondent. Venkat, in a.. Read More

A different Chrome IP issue

For those of you wondering what Google Chrome is all about, David Pogue does an excellent review and Google, of course, has pretty good explanatory materials including a comic. Something your brand owners may want to start thinking about is the new monoline address/search bar: you type in a word and Chrome starts suggesting a range of alternatives.  See an example and watch the video here. Nothing to worry about, perhaps, if you.. Read More