If someone registers a .com.au domain in Australia for their registered business in Australia, can an overseas company do anything if that domain is similar in name to theirs? Their name is 3 words, and I'm using the last 2 words in a .com.au and they're a .com domain. I would imagine they have no legal grounds to stand on under Australian law and that they would be incapable of doing anything to me, but I just want to confirm that.
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4 replies to this topic
#2
Posted 07 March 2004, 13:43
It would be there own fault if they didn't do a complete domain purchase:
example MacDonald's.com, .net,. .org, if they fail to grab all and you grab one they could ve used , then it's there loss.
If tho, by chance you bought a name micro.soft.com.cn, you may get some flack such as the recent mike row soft site.
But no they do not have a legal issue, they may use courts if they feel you are deliberately using their suggested name for example:
If they have oldcars.net and sell cars, and you have oldcars.org and show pictures of old cars , then your ok, but if you sell old cars and the other site is famous for it, then a judge may view that as plagiarism
example MacDonald's.com, .net,. .org, if they fail to grab all and you grab one they could ve used , then it's there loss.
If tho, by chance you bought a name micro.soft.com.cn, you may get some flack such as the recent mike row soft site.
But no they do not have a legal issue, they may use courts if they feel you are deliberately using their suggested name for example:
If they have oldcars.net and sell cars, and you have oldcars.org and show pictures of old cars , then your ok, but if you sell old cars and the other site is famous for it, then a judge may view that as plagiarism
#3
Posted 13 March 2004, 20:15
the company could to the best of my knowledege force the domain be taken from you and issued to them if they can prove that they are the rightful "owner" of such a trade name or part there of...
mikerowesoft.com - the other microsoft took the poor shit to court - they did settle out of court but would have won.... so you do the math and always err on the side of caution.
mikerowesoft.com - the other microsoft took the poor shit to court - they did settle out of court but would have won.... so you do the math and always err on the side of caution.
#5
Posted 20 March 2004, 21:58
In order to register a .com.au domain, you must be an australian registered business with ABN and the domain name must be related to your business or product. If you sell boat anchors and you registered boatanchors.com.au then you're safe.
Practice safe hex!
