Domain name disputes in Australia 


Mark Bender, at Monash University, has written about domain name disputes in Australia ... 


According to the abstract:

The objective of this paper is to provide an overview of the law in relation to domain name disputes involving trademarks that applies in Australia. Generally the focus of this paper will be confined to consideration of domain names ending with the .au suffix. An overview of the rights associated with domain names, registered business names and registered and unregistered trademarks is provided, as is an outline of the domain name dispute resolution processes and some some summary statistics and key cases in relation to domain name disputes.

The article has been published in the Monash Business Review vol.3 No. 3 (2007) and appears on SSRN here.  

No doubt reflecting its business review audience, much of the article is taken up with discussing ways of protecting trade marks under Australian law and a flirtation with the 2000/2001 controversies over whether the UDRP is biased towards rights owners.  Pp. 10 - 14 hit the .auDRP compared to the UDRP and flag some of the Australian court cases that I wasn't aware of rather than a detailed analysis of the decisions under the .auDRP.  A good starting point is CSR Ltd v. Resource Capital Australia Pty Ltd, 128 FCR 408.

Lid dip, Prof. Manara

Lots of Australians involved in a domain name dispute here.

Another Australian, also at Monash, took an in-depth examination of the international domain name law here.


Posted: Wednesday - 30 July, 2008 at 08:33 AM         |


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