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Posts Tagged ‘domain law’.au domain space to hit $500,000,000Wednesday, January 18th, 2012 Ausregistry and auDA have released a report from Deloitte Access Economics, which identifies the economic contribution of the .au domain industry at $475 million, just short of half a billion dollars. The report is the first of its kind dedicated to assessing the economic impact of the .au domain space. The report examined a number of different issues including the employment created by the .au name space. The report states that total full time equivalent positions of 4,330 exist. The report also provides useful registrant data, for example 53% of all .au domain names are registered by companies and 14% by sole traders, while 80% of all .au domain names were registered by registrants located in major Australian cities, predominantly on the eastern seaboard. A copy of the report is available here.  Tags: .au domain space, ausregistry, domain law, domain lawyer, domain name law, domain name lawyer auDA releases governance review of .auThursday, December 15th, 2011 .au Domain Administration Ltd (auDA) the regulator of the .au domain name space today released a review of governance undertaken by Westlake Consulting Ltd and Argo Pacific. The report is a 107 page report which was prepared after consultation with a broad variety of stakeholders in the .au space including government, and Cooper Mills Lawyers. The report made 15 recommendations to the board including limits on the tenure of Directors and the publication of an Accountability and Transparency Framework. The issue of Accountability and Transparency has featured prominently in the report, most likely as a result of the perception that auDA was secretive. Of particular note in the report is a call for improvement in the relationship between government and auDA – earlier this week we reported that the Prime Minister had taken responsibility for Cyber Security from the Attorney General’s Department. We hope to publish a more comprehensive analysis of the report shortly. Tags: .au governance, auDA, Cooper Mills Lawyers, domain law, domain lawyers, domain name law, domain name lawyer Registration of .au domains by foreignersThursday, November 10th, 2011 We are often asked, is it possible for someone who isn’t Australian to register .au domains names. The simple answer is yes absolutely! In Australia we have a requirement that a registrant of a domain name must be ‘eligible’ to hold that domain name. There is a specific policy which regulates eligibility, this is called the Domain Name Eligibility and Allocation Policy Rules for Open 2LDs (‘the Policy’). As there are tough requirements on registering .org.au, most foreign registrants are likely to only be eligible to hold .net.au and com.au domain names if they are able to satisfy the eligibility requirements. For foreign registrants these requirements for eligibility (for .com.au and .net.au) have a 2 step process, eligibility and entitlement to register. Eligibility To be eligible a foreign registrant must be:
One a registrant is able to demonstrate eligibility, it has satisfied the first step. Entitlement to Register The entitlement to register comes down to this, a domain name must be:
Examples An example of a foreign entity who can register a domain name may be a USA Company, Ted’s Computers LLC. Ted’s Computers LLC applies to register the trade mark, Ted’s Super Computers and Accessories. Even though the application for the trade mark has not been registered Ted’s Computers LLC could register tedssupercomputersandaccessories.com.au (which is an exact match of the registrant’s trade mark) or it could register TSCA (which is an abbreviation or acronym of the registrant’s or trademark) or tedscomputers.com.au (which is an exact match of the registrant’s name). Ted’s Computers could also register names that it has a close and substantial connection to for example computers.com.au, routers.com.au, monitors.com.au, printers.com.au, keyboards.com.au, mouse.com.au, computercamera.com.au – as these are all products that Ted’s Computers sells. How to become eligible If you would like to become eligible then Cooper Mills Lawyers can assist you to:
*This blog post is based on the Policy position as at 9 November 2011. This is not legal advice and you should obtain legal advice specific to your particular circumstances. Tags: .au, auDA, domain law, domain lawyers, domain name law, domain name lawyer, domain name policy, domaining Carnegie Fund invests $3 million in domain industry companyThursday, November 3rd, 2011 It has been reported that the Carnegie Fund, a fund supported by the Australian Government through the Innovation Investment Fund (IIF) program has invested $3 million in Winged Media. According to Domain Name Wire, Carnegie Fund provided the investment on the strength of websites such as Protrada operated by Winged Media. Protrada provides aggregation of domain name auction platforms including Sedo and Godaddy. This investment highlights the value of the Australian domain industry, which has continued to break records in investment over the past 12 months. Tags: domain law, domain lawyer, domain name industry, domain name investment, domain name lawyer VIC and NSW Governments team up for new GTLD tenderWednesday, October 26th, 2011 The Victorian and New South Wales governments have teamed up to open a tender for the application and provision of registry services for new GTLDs including .melbourne and .sydney. The tender appears to be for a ‘start to finish’ service provider who can apply to ICANN for the GTLDs, manage the process and provider registry services. There are a number of local players who would be likely to bid in the tender process, including Melbourne IT (who originally managed the .au space) and Ausregistry who currently provides registry services for the .au space (as well as a number of other international TLD and ccTLDs). Tags: .melbourne, .sydney, domain law, domain lawyer, domain lawyers, domain name law, domain name lawyer, domain name lawyers, technology law auDA moves to abolish resale restrictionsMonday, September 5th, 2011 .au Domain Administrator, auDA, today announced that it had accepted the recommendations of the Secondary Market Working Group, which included the highly controversial prohibition on the resale of newly registered domain names within 6 months of registration. Among the recommendations of the Board that were accepted by auDA are:
The most noteworthy change was the removal of the restriction on the resale of domain names. This policy was seen to be inconsistent and illogical by many industry players. The restrictions did not apply to domain names transferred but only on new registrations. Some industry observers say that this decision effectively removes restrictions on the trading of domain names, and brings Australia into line with almost every other jurisdiction around the world. Other changes included the provision of more information to consumer and registrants about domain name transfers and domain name drop services.
Tags: auDA, domain law, domain lawyer, domain name law, domain names, IT Law, IT Lawyer 5 year sentence for stealing a domain nameWednesday, July 27th, 2011 Daniel Goncalves a Union County man has been sentenced to a term of 5 years imprisonment for the theft and sale of the domain name P2P.com, in what is believed to be the first domain name theft case of its kind. It was alleged that in 2006 Goncalves gained unauthorised access to an AOL email account operated by the registrant of P2P.com, in order to authorise a transfer of the domain name. Once the name was transferred Goncalves apparently sold the domain name on Ebay for $111,000. He was later arrested on 30 July 2009 and was indited for a range of offences including computer theft. He plead guilty to those charges in 2010 and was this week sentenced. The domain name has been returned to its rightful owners and the Court ordered that Goncalves pay an amount in restitution to the victims. Tags: domain law, domain lawyer, domain name law, domain name lawyer, technology lawyer Keeping it clean: trade mark owners and .xxx domainsMonday, July 11th, 2011 In September 2011, the adult industry will get its own internet ‘red light district’ when the new .xxx top-level domains become available for registration. ICM Registry, which has been approved by ICANN to administer the .xxx TLDs, has announced a pre-registration ‘sunrise’ period, starting on 7 September 2011 and running for 30 days. In Sunrise A, members of the adult entertainment industry will be able to pre-reserve their desired .xxx domain names. In Sunrise B, which will run concurrently with Sunrise A, trade mark owners in non-adult industries will be able to pre-emptively block the registration of a .xxx domain name that matches their trade mark. It’s a defensive measure that ensures that a brand is not associated with explicit or adult-oriented content by removing the associated .xxx domain name from the pool of domain names able to registered. The important points:
Sunrise B opens soon and will run for a very limited time. Contact us to take advantage of this one-time opportunity to pre-emptively keep your valuable brands out of the .xxx neighbourhood. Tags: domain law, domain lawyer, domain lawyers, domain name law, ICANN, technology law, trademark, trademark registration ICANN Approves New GTLDsMonday, June 20th, 2011 The ICANN Board meeting in Singapore, today approved the expansion of top level domain names. The vote means that applicants may now seek to create their own domain name extension, for example .sport, .music and .bank. In announcing the result of the vote, President and Chief Executive Officer of ICANN, Rod Beckstrom said:
The board vote was 13 vote for, 1 against, with 2 abstentions. People or organisations wishing to create their own top level extension will need to comply with the Applicant Guide Book, which includes a requirement for the payment of a $185,000 application fee. It is expected that there will be hot competition for generic extensions such as .food. Tags: domain law, domain lawyer, domain name law, ICANN, new GTLDS, technology lawyer auDA Calls for Public CommentTuesday, May 3rd, 2011 auDA, the Australian Domain Name Regulator has today released the draft recommendations of the 2010 Names Policy Panel for public comment. The 2010 Names Policy Panel (“the Panel”) have considered the following policies (as part of auDA’s request for a review):
Public comment on the draft recommendations will be open until Friday 10 June 2011. A full copy of the draft recommendations are available from the auDA website. The draft recommendations clearly show a reluctance by the auDA Panel to change the excessively regulated .au domain space. Among some of the draft recommendations, the Panel has recommended that:
The public are encouraged to provide feedback to the Panel – a copy of the draft recommendations can be found here. Tags: auDA, domain law, domain lawyers, domain name lawyers, domainers, IT Law, IT Lawyers, technology lawyers |
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