naming

This page looks at the framework for naming in the dot-au space.

It covers -

• introduction
• availability
• licence and transferability
• use it or lose it?
• closed and open 2LDs
• close and substantial
• geographics and generics
• prohibited names

The following page considers the handling of disputes about names, centred on the auDRP that deals with disputes between domain name holders and entities with competing legal rights in the name.

     introduction

As we have noted in discussing domain name disputes and ICANN's Uniform Dispute Resolution Policy (UDRP), claims to domain names - a de facto address in cyberspace - have become one of the most contested areas of internet governance.

Trademark and other intellectual property (IP) owners have sought to protect or leverage their offline brands and other assets. Theorists have sought to reconcile conflicts between trademark owners or business name owners, with for example a pure 'first come,first served' model or 'first come, first served subject to registration/use in good faith'. Some libertarians have claimed that restrictions are nonsense and the administrators of the net should simply generate new gTLDs to deal with any conflict.

In Australia the initial mechanism for disputes about holding domain name is the .au Dispute Resolution Policy (auDRP). It has been devised by auDA.

It is located within Australian law regarding trademarks, business names and passing off.

It is similar to dispute resolution schemes overseas. It is modelled on the UDRP.

     implementation

The auDRP came into effect on 1 August 2002 and covers all open .au domain names (ie the com, net, org, asn and id 2LDs) registered or renewed from that date.

Existing domain name licences as at that date are 'grandfathered' - registrants who licensed their domain name before introduction of the auDRP will not have to submit to a proceeding under the auDRP, unless they choose to 'sign on' to the auDRP. Registrants are however required to 'sign on' to the auDRP as part of their domain name licence agreement on renewing the domain name.

In October 2005 auDA noted that

The "close and substantial connection" rule was introduced in 2002. It was intended to provide a limited degree of flexibility for registrants to register domain names that are not derived from their own company or business name, but are nevertheless connected to them in some way. ...

auDA has ruled in the past that it is acceptable under the close and substantial connection rule to register domain names for the purpose of providing Internet directory services or information portals. For example, if a registrant provides a real estate directory service then it would be acceptable for them to register domain names that are connected with that service (eg. houses.com.au, apartments.com.au, land.com.au, estateagent.com.au and so on).

It has recently come to auDA's attention that some registrants have been using this interpretation of the close and substantial connection rule to register large numbers of domain names apparently for the primary purpose of capturing web traffic and/or selling click-through advertising.

auDA is currently considering whether this practice is acceptable under the close and substantial connection rule.

Until auDA has issued a policy clarification, registrants who engage in this practice should be aware that auDA reserves the right to delete the domain names for breach of policy.

   next page  (disputes)