Tag Archives: Australia

AuDA Releases Report on Draft .AU 2LD Recommendations

AuDA, the .AU policy and regulatory body, has released draft recommendations on the introduction of new, and reactivation of dormant, second level domains following a consultation period with interested parties in recent months.The proposals were put forward in a report by a second level domain advisory panel that looked at possible new and proposals for existing but unused second level domains, the latter including the future uses of conf.au and info.au.In the report, the Panel suggests that current policies relating to creation of new 2LDs are broadly supported, but will recommend a small change which relieves the proponent of a new 2LD of the entire responsibility for developing a business case for it.On the second issue, the Panel has found that there is inadequate support for the creation of blog.au or event.au, or for the reactivation of info.au. The Panel also found that there is no evidence of general user demand for the reactivation of conf.au or info.au, although there is a case for grandfathering (ie. continuing) linux.conf.au, the sole but strongly-supported example of a long-standing use of the second level domain.The draft recommendations followed an issues paper that was issued in April 2010.The closing date for comment and submissions on the draft recommendations is Friday 23 July 2010.For further information, see www.auda.org.au/new2ldsap/new2ldsap-index/

Australian Government Consults on ICANN’s New gTLD Proposal

The Australian Government has asked for comments from the Australian public on ICANN’s proposed introduction of new generic Top Level Domains.The Government is working to ensure that the Australian community is aware of the new gTLD process, and to minimise any negative impacts of new gTLDs.Any issues raised through the consultation process are to be fed back to ICANN through the government’s participation in the ICANN process through the Governmental Advisory Committee (GAC). The call for comments notes the GAC provides advice to ICANN, but ICANN’s Board of Directors is ultimately in charge of what the organisation does.Any questions or comments about ICANN’s proposal should be directed to the government at:
The Director
Internet Governance, IPND and Numbering Team
Department of Broadband, Communications and the Digital Economy
GPO Box 2154
Canberra ACT 2601
Or by email to newgTLDs@DBCDE.gov.auNo date is given for the close of the consultation period.General information on the new gTLD proposal from ICANN is available from:
www.dbcde.gov.au/__data/assets/pdf_file/0003/128433/ICANN-FACTSHEET-1700.pdfMore information on ICANN’s proposal for new gTLDs and the latest Draft Applicant Guidebook (version 4) is available from:
icann.org/en/topics/new-gtld-program.htm

Premium .AU Domain Names Up For Auction This Week

The Australian domain name aftermarket is slowly growing following the relaxation of rules allowing for the transfer of com.au and net.au domains. This week there is the timely auction underway of mothersday.com.au, as well as yes.com.au, and more than 50 other premium com.au and net.au domain names.Of the premium domain names, mothersday.com.au has met its reserve of A$7,500 so it will be sold this week while the reserve for yes.com.au is $20,000.”We are extremely pleased that MothersDay.com.au has met the $7,500 reserve bid,” said George Pongas, Business Development Manager at Drop.com.au. “It shows that the secondary domain market is certainly maturing in Australia.””Once you own mothersday.com.au, you basically own the direct navigation traffic it generates too. With approximately 18,100 Australian local searches for ‘Mother’s Day’ in March 2010 and a Cost Per Click (CPC) rate on Google circa $1.20, you can quickly see the business case for acquiring this domain name.Pongas says “It will be an exciting to watch the auction close time this Thursday, because most bids at auctions are placed in the closing minutes. With a little luck, OPTUS will join the auction too. With all the money that Optus has spent over the years marketing YES OPTUS, you would expect that their brand managers will want this domain.””After acquisition, the ongoing costs are just $49.95 every two years for the registration licence renewal. As a long-term investment it makes perfect sense for an e-tailer to add this domain to their portfolio. Once sold, it is unlikely to be listed for sale again for a very long time, if ever.”Fabulous.com Domain Broker, Andrew Wright, suggests that generic keyword focused domains are ideal for search engine optimisation (SEO) and pay-per-click (PPC) marketing purposes.”Generic keyword related domains appear higher in organic search listings and generally receive a higher quality rank when running paid search campaigns,” Wright explained.Wright goes on to cite the famous case of Tennis Australia acquiring ‘tennis.com.au’ for what was reported as a hefty fee of just less than a six-figure sum. Also referring to Fosters owned ‘beer.com.au’, ING’s ‘mortgage.com.au’, and National Foods Milk Limited’s domain ‘milk.com.au’, as good examples of corporate brands that understand the value of using generic domain names for online marketing.The auction is now open at www.drop.com.au/fabulous, and ends Thursday May 6th, 14:30 (AEST). Anyone can watch or participate in the auction with prices dynamically changing on the auction site in real time to make for an entertaining spectacle.Importantly though, any successful bidder must satisfy auDA eligibility policy to hold a com.au or net.au domain licence. During the sign up process the Drop team will clear you for registration compliance and assist you to participate. Interested bidders, international companies included, should contact Drop at support@drop.com.au, or visit www.drop.com.au/fabulous/join to get started.

New 2LDs Considered for .AU

AuDA, the policy authority and industry self-regulatory body for the .AU domain space, is currently considering whether to create new second level domains (2LDs) in the .AU domain space.AuDA’s New 2LDs Advisory Panel, chaired by Derek Whitehead of Swinburne University, has released a discussion paper inviting public comments on two matters:

  • new 2LDs in general
  • specific suggestions for creating new 2LDs or changing existing 2LDs.

The Panel’s job is to evaluate proposals for two little-used existing 2LDs (info.au and conf.au) and also proposals for two suggested new 2LDs (blog.au and event.au).”The Panel’s focus is on whether the creation of a new 2LD is in the public interest,” said Derek Whitehead. “The Panel is very keen to know what people think about new 2LDs and whether they would improve the Australian domain name system.””We encourage all Australians to contribute to the future development of their own domain space.”It should be noted that the proposals do not include opening up .AU to non-Australian registrants.The Panel’s discussion paper is available on auDA’s website at www.auda.org.au/new2ldsap/new2ldsap-index. The closing date for comments is 23 May 2010.Following submissions, the panel will make draft recommendations to the auDA board as to whether there should be new 2LDs or changes to existing 2LDs.

‘Fast tracking’ domain name and trade mark disputes in Australia

A recent Australian Federal Court ‘Fast Track List’ decision confirmed that use of a trade mark in a domain name, along with use of the trade mark on associated web sites, can constitute trade mark infringement. This list is an increasingly important part of a trade mark owner’s arsenal in dealing with trade mark infringement and misuse of domain names.Partner Tim Golder and Senior Associates Jesse Gleeson and Mark Williams from the Australian law firm Allens Arthur Robinson report on this.How does it affect registrants of .AU domain names?The article examines the following points:

  • It is unlikely that mere registration of a domain name incorporating a trade mark will constitute trade mark use under Australian trade mark law; however, when coupled with use of the trade marks on websites linked to the domain name, the use of the trade mark in the domain name can constitute trade mark use.
  • The meaning of ‘geographical origin’ has been read narrowly. Accordingly, traders who use the name of a building or complex (which is the registered trade mark of a third party) in relation to their own goods or services, may not be able to rely on the ‘geographical origin’ defence to trade mark infringement.
  • The narrow interpretation of ‘generally accepted within the relevant trade’ means that it may now be more difficult to have trade mark registrations cancelled by the court for genericism.
  • This case is an example of how the Fast Track List in the Federal Court can be used to resolve disputes efficiently and pragmatically, and how additional relief can be granted to that available under the Uniform Domain Name Dispute Resolution Procedure (UDRP) and the Australian Uniform Domain Name Dispute Resolution Procedure (auDRP) (which are limited to transferring or cancelling domain name registrations).

To read the full article on the Allens Arthur Robinson website, see:
www.aar.com.au/pubs/ip/foipapr10_01.htm

'Fast tracking' domain name and trade mark disputes in Australia

A recent Australian Federal Court ‘Fast Track List’ decision confirmed that use of a trade mark in a domain name, along with use of the trade mark on associated web sites, can constitute trade mark infringement. This list is an increasingly important part of a trade mark owner’s arsenal in dealing with trade mark infringement and misuse of domain names. Continue reading 'Fast tracking' domain name and trade mark disputes in Australia

Australian registrar Safenames breaches auDA Registrar Agreement

auDA, the policy authority and industry self-regulatory body for the .AU domain space, has found that the accredited registrar Safenames has breached the Registrar Agreement by:

  • using its related entity (SafeAgent Ltd) to register domain names on behalf of foreign entities that would not otherwise be eligible to register .au domain names; and
  • using its related entities to register domain names for purposes other than the provision of registrar services, in breach of clause 14.2.3 of the Registrar Agreement – refer to auDA’s Clarification of Permissible Own Use by Registrars (2008-11).

AuDA have noted that despite being given ample opportunity to do so, Safenames has failed to take action to remedy its breaches of the Registrar Agreement. Consequently, auDA has taken the following actions:

  • the domain names in question have been deleted; and
  • auDA will continue to monitor all domain name registrations effected by Safenames, and will immediately delete any registration that does not comply with auDA policy requirements, until such time as we are satisfied that Safenames is capable of complying with its obligations under the Registrar Agreement.

The above information was sourced from the auDA announcement at:
www.auda.org.au/news-archive/auda-06122009/

Domain name lock-out for Australian business

Original article written by Amanda Gome

Australian small and medium businesses can completely forget about being able to buy a domain name next year. More details have emerged from the conference held in Paris last week where the International Corporation for Assigned Names and Numbers announced it would allow individuals and companies to apply for rights to generic top-level domains, (gTLDs).

And it looks like the costs will be prohibitive to register include company names or brand names such as .Telstra, brand names such as .vegemite or place names such as .Melbourne.

Last Friday ICANN said it would begin taking applications for new domains next April, and the first names are expected to be in operation by the end of 2009.

It will also make non-Roman-character domain names available for the first time.

Already it appears the winners will be registry operators.

To read the article further : http://www.smartcompany.com.au/Free-Articles/The-Briefing/20080701-Domain-name-lock-out-for-Australian-business.html