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Posts Tagged ‘domain name lawyer’auDA releases governance review of .auTuesday, February 21st, 2012 .au Domain Administration Ltd (auDA) the regulator of the .au domain name space today (15 December 2011) 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 auDA releases new Transfers policyThursday, November 24th, 2011 auDA has released the new Transfers (Change of Registrant) Policy (2011-03) to replace the previous transfers policy, following recommendations of the Secondary Market Working Group review. The new policy eliminates the ’6 month rule’ which prevented the sale of a newly registered domain name until the expiration of 6 months from the date of registration. While the new policy removes the ’6 month rule’, the policy maintains the restriction that a Registrant may not register a domain name for the sole purpose of resale or transfer. The new policy also, now formally recognises on online paperless domain transfer process offered by some Registrars such as Drop.com.au. Tags: auDA, auDA Policy, domain lawyer, domain name law, domain name lawyer, trade mark 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 Record domain name sale – investmentproperty.com.auThursday, September 15th, 2011 In a sign that the .au domain name market is hotting up investmentproperty.com.au today sold for $125,001 (plus GST) to Mad Cat Pty Ltd, which appears to be the operator of Hunter Valley property development company Vision Homes. In spirited bidding, initial bids last night were less than $2000. The price quickly shot up today on the two leading aftermarket domain catching services, fetching $125,001 on Netfleet and $110,001 on Drop.com.au No doubt the registrant who let the name expire, INVESTMENT PROPERTY SOLUTIONS PTY LIMITED, would have kicked themselves at losing such a valuable domain name. Cooper Mills Director and Domain Lawyer, Erhan Karabardak said:
Tags: domain lawyer, domain name law, domain name lawyer, domain names, Erhan Karabardak, investmentproperty.com.au 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 ICANN Releases new GTLD Applicant GuidebookTuesday, April 19th, 2011 ICANN has released the eagerly awaited revised draft of the Applicant Guidebook for new GTLDs. This draft document has been released for public comment. As part of its timeline for the launch of new GTLD domains, ICANN’s release of the Applicant Guidebook is a critical part of the process. The development of the Guidebook has at times seen hot debate about the process for new GTLD applicants. The Guidebook is made up of 6 modules. The draft Guidebook is also accompanied by explanatory memorandum to assist in interpretation, with ICANN stating:
ICANN plans to release the final version by 30 May 2011, prior to its 20 June 2011 extraordinary meeting. A full copy of the draft Guidebook and explanatory memorandum is available here. Lawyers and other domain industry participants are encouraged to make submissions on the draft documents. Tags: domain law, domain lawyer, domain name law, domain name lawyer, ICANN, IT Law, IT Lawyers, New GTLD .au reaches 2 million domain namesTuesday, March 8th, 2011 Domain Name regulator auDA and .au Registry operator Ausregistry today announced that Australia had 2 million .au domain names. This is a historic achievement which places the .au domain space into the top ten domain name registrations internationally. AusRegistry’s CEO Adrian Kinderis said:
Despite the massive growth in the number of domain name registrations, Australia remains one of the most regulated domain name spaces, putting it at odds with other jurisdictions such as Germany and the USA.
Tags: auDA, domain law, domain lawyer, domain name law, domain name lawyer, domain name regulation Hardware.com.au achieves record priceMonday, December 13th, 2010 In an auction conducted by Drop.com.au yesterday, domain name hardware.com.au sold for a record $33,333. Hardware.com.au was an expired domain name which Bunnings forgot to renew. It is believed that the purchaser is Woolworths (through their advertising agency) who plan to start a competing hardware business in Australia. No doubt heads will roll at Bunnings when they learn that a potential competitor has acquired the domain. Values of .au names have increased dramatically over the past 12 months, however, many investors are still reluctant to invest money in .au due to heavy regulation, some of which amounts to censorship of content. Tags: domain law, domain lawyer, domain name, domain name lawyer, IT Law |
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