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Posts Tagged ‘domain lawyers’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 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 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 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 Protect it or lose it!Monday, January 24th, 2011 We have recently seen some high profile domain names that haven’t been renewed by registrants. Much of the time domain names are not renewed because they are no longer required, but on occasion, the registrant contact email is not updated after an employee leaves a business or a business stops using an email address. Recently, Bunnings forgot to renew hardware.com.au, which was quickly snapped up by Woolworths, presumably for use in their hardware business. In this case, the registrant email address was not valid, which is likely to be the reason that the domain name was not renewed. The consequences of this may be catastrophic for a business, but it need not happen. Here are some simple tips to avoid your domain name accidentally expiring:
In almost all cases, simply following these tips will help you avoid expiry. Remember once a domain name expires it becomes available (after a grace period) for registration by anyone else including your competitors. Protect it or lose it! Domain name lawyers like Cooper Mills are constantly helping clients recover domain names, but prevention is better than cure…. Tags: domain law, domain lawyers, domain name, domain name law, domain name lawyers Auction heightens the voltage on electricity.com.auFriday, January 7th, 2011 We recently saw hardware.com.au snapped up by Bunnings rival Woolworths after they failed to renew the highly sought after domain, and today was SPI’s turn, failing to renew electricity.com.au which achieved a sale price of $31,000 at auction. According to its website, SPI Electricity & Gas Australia, part of the large Singapore Power Group, operates the transmission networks for gas and electricity in Victoria, and boasts an electricity network of 6500km. The successful bidder was Pacific Octane, an online media group who acquired electricity.com.au in spirited bidding today for $31,000. Domain names are of critical importance to business both on and off line, and business needs to value and protect intellectual property rights. Cooper Mills Director, IT and Domain Name Lawyer, Erhan Karabardak said that “Intellectual property, including its protection should be a critical part of any business strategy. This is even more important, as most businesses and consumers now carry on business not just in their local area, but globally via the internet.“ Tags: business law, domain law, domain lawyers, domain name law, domain name lawyers, electricity.com.au, IT Law auDA calls for nominations to 2010 Names Policy PanelMonday, July 5th, 2010 Australian domain name regulator, auDA has called for nominations from interested and qualified persons to take part in the 2010 Names Panel.
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