Procedure for Domain Name Disputes under the auDRP
Domain name disputes in Australia are decided under the .au Dispute Resolution Policy (or the auDRP). This post explains the main steps that are involved in deciding a dispute under this policy, from the commencement of the dispute to the implementation of the decision.
The Concept of “Bad Faith” in Domain Name Disputes
Registrants of “.au” domain names who are unhappy about the use of similar domain names by other traders must be able to show that the other domain names were registered in “bad faith” if they are to use the Dispute Resolution Policy for .au Doman Names (the auDRP). What exactly is bad faith?
Courts vs Arbitration for Domain Name Disputes
Domain name owners who are upset by the registration of another domain name will often have a number of options to resolve a matter. These will include utilising the official .au Dispute Resolution Policy (auDRP) or various actions in court. Which option to choose will depend upon the particular circumstances.
Domain Name Dispute Resolution FAQs
The auDRP or the Australian Domain Dispute Resolution Policy offers a relatively inexpensive way to resolve disputes between domain name owners in the “.au” domain space. Here are some answers to frequently asked questions about that policy.
Watch Trademark Registrations Like a Hawk
After you’ve registered your trademark, it’s important to watch out for other traders who might try to register similar marks. IP Australia can’t always be relied upon to prevent other traders from registering similar marks that you would object to.
Who has your keys? Locking Your Domain Names
Making sure that you (and only you) have the passwords and other confidential details relating to your domain name is a good part of keeping your IP secured. A common mistake made by domain name owners is to allow their web site designer or developer to keep these details. This can lead to problems if the relationship breaks down.
Choosing Registrable Trademarks
Some signs are easier than others to register in relation to particular goods or services. The legal test in Australia is whether the trademarks are “adapted to distinguish” particular goods or services. In the US, trademarks are put into categories based that can be arranged along a scale often referred to as the “Spectrum of Distinctiveness”. The place of a trademark on that scale will determine whether a trademark can be registered, and if so, how easily. Although (strictly speaking) this concept doesn’t form part of Australian law, it does help to understand how a trademark examiner will approach a particular application.
European Union Members: Community Trademarks
Many countries are members of the European Union, or are signatories to the Madrid Agreement or the Madrid Protocol. This post provides a table which shows the status of each of the countries of the European Union as at 2 May 2010.
The Madrid System: Key Absentees
The Madrid Protocol and Madrid Agreement together cover 84 of the 192 countries that are currently members of the United Nations. Understanding which countries are outside of the Madrid System is an important step to determining your international trademark strategy.
Some Disadvantages of the Madrid System
The Madrid System offers many benefits to those seeking international trademark protection. Nevertheless, there are some traps for the unwary, and it is imperative that these are thoroughly assessed and understood before a Madrid Protocol application is filed.