Archive for the ‘General’ Category

auDA rolls out DNSSEC

Friday, August 27th, 2010

.au name space to become more secure with the rollout of DNSSEC

Details of the rollout of Domain Names System Security Extensions (DNSSEC) in the .au domain name space have recently been released by the au Domain Administration (auDA).

Developed in conjunction with the .au registry operator, AusRegistry, the plan consists of a five stage process to introduce DNSSEC into the .au Top Level Domain (TLD) and second –level zones, including com.au, net.au, org.au and asn.au.

DNSSEC is a security extension that facilitates the digital signing of internet communications. Implementation of the plan hopes to see additional protection against a range of vulnerabilities.  AuDA CEO, Chris Disspain has said in an auDA announcement that “DNSSEC can provide an extra level of security to help ensure that Australian internet users will be directed to the website or service they expect to enter when they enter a domain name into their browser.

Implementation is scheduled to commence next month and allows for:

-          Experimentation and testing of core systems

-          The gradual signing of second level .au domains and the .au TLD

-          A trail implementation for .au domain registrants, and

-          Full protection rollout to registrants

A review to be undertaken by auDA’s independent Security and Stability Advisory Committee (SSAC), chaired by professor Bill Caelli from the Queensland University of Technology, will be conducted at the end of each stage.

The fifth, and vital stage of the implementation plan will be the active encouragement of Australian ISPs and domain registrants to adopt DNSSEC. auDA believes that the Australian Government will play a significant role in delivering to the ISPs, the message about the importance of DNSSEC for the security of Australia’s internet infrastructure.

We will keep you updated as the implementation process rolls out.

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auDA Name Policy Panel

Monday, August 16th, 2010

Cooper Mills Director and Domain Name Lawyer Erhan Karabardak has been appointed to auDA’s 2010 Name Policy Panel.

The Panel, will among other things, review existing auDA regulation concerning domain name eligibility. Erhan was previously a member of the 2004 Names Policy Panel.

The issue of domain name eligibility is one of the more contention issues in the .au space.

The Panel is due to hold its first meeting on September 14, 2010.

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Online spoofs and the law

Tuesday, August 10th, 2010



A recent YouTube video campaign targeting Logie award winner and Home and Away Star Ray Meagher, has raised questions about free speech and internet law.

Cooper Mills Director Erhan Karabardak and IT Lawyer was interviewed by Channel 9′s ‘A Current Affair’ about his expert legal opinion on internet regulation of online media, and in particular his views on the so called comedy videos.

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Cooper Mills launches online Brand Protection Service

Friday, July 23rd, 2010

Cooper Mills is proud to announce the launch of its new Brand Protection Service, www.TM.com.au.

Cooper Mills Lawyers, one of Australia’s leading IP, and domain law expert legal practices, today launched version 1.0 of its online brand protection service portal TM.com.au, giving both local and international clients online trademark registration services, and trademark monitoring and management services.

Cooper Mills Lawyers Director Erhan Karabardak said:

In order to meet the demands of both our local and international clients we have launched our online brand protection service, which will enable our clients to effectively monitor their intellectual property all in one convenient place. This service now brings online brand protection within the reach of all local and international businesses.

Cooper Mills expects to expand the product offering and functionality of TM.com.au over the coming months.

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Optus snaps up 3G spectrum for bush services

Thursday, July 15th, 2010

The Australian Communications and Media Authority (ACMA) has issued the first round of licences for additional spectrum for mobile telecommunications services at hundreds of sites throughout remote and regional Australia.

In the first round, Optus was successful in securing licences for 972 sites.

The ACMA received applications in response to an invitation for interested parties to apply for radiocommunications licences in the 2 Ghz band during May 2010. The 2 GHz band is used by mobile carriers to provide 3G mobile services.

In announcing the award of licences ACMA Chairman, Chris Chapman said:

I am delighted by the high level of demand from industry for additional spectrum in the 2 GHz band in regional and remote Australia.

It is expected that a second round of licensing will take place following an assessment of Telstra’s application for multiple sites.

The ACMA expect that this process will lead to a significant increase in the availability of 3G mobile phone services in regional and remote Australia, based on the number of sites applied for by Optus and Telstra.

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Google gives undertakings to Privacy Commissioner

Monday, July 12th, 2010

Google has given undertakings to the Australian Privacy Commissioner Karen Curtis, after the completion of her investigations into Google’s inadvertent collection of unsecured Wi-Fi data from private residencies around Australia, whilst collecting images for Google Street View.

Google has given the following undertakings:

-          That it will publish an apology to Australians for its collection of unsecured WiFi data in its official Australian Blog

-          That it will provide a privacy impact assessment (PIA) on any new Street View data collection activities its undertakes in Australia

-          This is will provide a copy of these PIAs to the Commoners Office

-          That it will regularly consult with the Privacy Commissioner about personal data collection activities arising from significant product launches in Australia.

The undertakings come after the Commissioner was satisfied that the information collected by Google breached the Privacy Act 1988.

The Commissioner was unable to impose a sanction on Google due to having already initiated an investigation. This has prompted the Australian Law Reform Commission (ALRC) to make an inquiry into Australian privacy laws. This may prompt the government into taking action to strengthen the enforcement regime.

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Chinese and .xxx domain names approved

Saturday, June 26th, 2010

The ICANN Board has just approved the release of new IDN ccTLD domain names, while at the same time allowing for the creation of the controversial .xxx domain names.

The IDN ccTLD domain names approved by ICANN are:

• CNNIC (China Internet Network Information Center)
• HKIRC (Hong Kong Internet Registration Corporation Limited)
• TWNIC (Taiwan Network Information Center).

Speaking during the ICANN 38 meeting, ICANN CEO Rod Beckstrom announced that:

One fifth of the world speaks Chinese and that means we just increased the potential online accessibility for roughly a billion people.

This announcement comes hot on the heels of the recent release of the Russian and Arabic IDN ccTLD, which we announced with great fanfare.

The contraversial .xxx domain was allowed to pass with ICANN saying:

The ICANN board also voted to allow the application for the controversial .XXX top-level domain (TLD) to move forward. The ICM registry applied for the .XXX sponsored top-level domain as a potential community site for the adult entertainment industry. The Board approved a detailed set of next steps for the application, including expedited due diligence, negotiations on a draft registry agreement, and consultation with ICANN’s Governmental Advisory Committee.

The .xxx domain was first mooted in 2000 as a dedicated domain for the Adult industry, but fierce debate from supporters and detractors has raged since then. In 2007 the ICANN Board rejected a proposal to progress the .xxx, but in more recent times members of the ICANN board have expressed support for it, which has resulted in its return as a prominent issue.

Members of the Adult industry had feared that while the .xxx is descriptive of their businesses, that mandatory use of this TLD would isolated Adult websites.

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Cyber Security Code Launched

Monday, June 7th, 2010

On 4 June 2010 the Government in association with the Internet Industry Association launched the Voluntary Industry Cyber Security Code for ISPs.

The voluntary code is aimed at having ISPs join in contributing to cyber security, whether assisting customers understand risks and looking out for them, or notifying police when they become aware of unlawful activity.

The benefits to ISPs are obvious from a marketing perspective, this is further boosted by eligibility to display the ‘iCode Compliant’ badge on their websites. Many ISPs would argue that they already provide customers with detailed information on keeping their computers safe, and already notify law enforcement when they become aware of unlawful activity.

The Code is expected to come into force on 1 December 2010.

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Subway in foot long trouble

Thursday, June 3rd, 2010

Doctor’s Associates Inc, which operate and franchise Subway stores, is red faced after losing a domain name dispute over MySubwayRewards.com.

The recent decision is a set back for the sandwich chain as they may have lost the battle due to their lawyers failing to do their homework. The Panel held that Subway’s lawyers failed to provide enough evidence to prove that the website was confusingly similar to the SUBWAY trade marks. They provided no explanation or argument as to why the phrase “mysubwayrewards” in the domain name may be confused with the mark SUBWAY.

This seems like an easy enough thing to do right? But it appears that the lawyers got lazy and assumed that they already had the cat in the bag by identifying the name as confusing. They omitted to then take the necessary step of proving how and why.

The Panel highlighted that due to the fact that the word SUBWAY was bracketed between other words which could quite conceivably be used in combination to convey a meaning unassociated with the SUBWAY mark, it becomes necessary to sufficiently demonstrate identity or confusing similarity to the trademark at issue.

This is an example which shows why trademark and domain name owners should carefully select lawyers who understand the UDRP and auDRP processes, and who regularly undertake this type of work, like Cooper Mills Lawyers.

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Record domain name sales in Q1 of 2010

Wednesday, May 26th, 2010

A Sedo domain market study has confirmed a record sale of domain names in this year’s first quarter, in which close to 12 000 domain names were sold via the Sedo marketplace. These sales take the record for the highest selling quarter with an 18.6 percent increase from Q4 of 2009.

The Sedo study has indicated a swell in generic (gTLDs) and country code Top Lop Level Domains (ccTLDs). Sedo believes that the growth in the domain name market over the last quarter is due to an increase in market spending among larger corporations and the introduction of one and two-character domains and IDN domains that use a non-Roman script.

Closer to home, secondary domain markets have developed in the .au space with both Drop.com.au and Netfleet.com.au leading the way in sales which are achieving record prices. Drop.com.au shows domain sales as high as $18,000 for carparts.com.au while Netfleet achieved $6000 for graphicdesign.com.au.

Sedo is expecting a rise in sales to continue over 2010 as it believes that companies are starting to understand the critical role a domain name strategy plays in driving a successful marketing campaign.  Many large companies are investing heavily in branding and domain name sales. The study also highlights the importance for trademark owners to get in quickly and take action to protect brands.

Cooper Mills Director and Technology Lawyer Erhan Karabardak believes that the market will continue to grow and achieve higher prices, he says that:

With the end of the Global Financial Crisis, marketing budgets are increasing and companies are becoming more active with their online sales and marketing strategies which are key in the increasingly competitive market place.

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