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  • #1219598
    JacquiPryor
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    Good points Greg… Yes, you can register pretty simply but in doing so you’re likely selecting an eligibility criteria that you meet (e.g. domain matches or is derived from business name, trade mark, company name etc or is closely and substantially connected to your business) – in theory, if you don’t meet those criteria then the domain could be cancelled via complaint to the auDA that you’re not an ‘eligible holder’ of the .com.au.

    Simple to register but can be simple to seek cancellation when the criteria isn’t met in the .au space. << Absolutely also aware/noting that in some instances it's a pretty easy thing to address in the event the auDA was to receive such a complaint.

    #1219599
    Greg_M
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    JacquiPryor, post: 265082, member: 20176 wrote:
    Good points Greg… Yes, you can register pretty simply but in doing so you’re likely selecting an eligibility criteria that you meet (e.g. domain matches or is derived from business name, trade mark, company name etc or is closely and substantially connected to your business) – in theory, if you don’t meet those criteria then the domain could be cancelled via complaint to the auDA that you’re not an ‘eligible holder’ of the .com.au.

    Simple to register but can be simple to seek cancellation when the criteria isn’t met in the .au space. << Absolutely also aware/noting that in some instances it's a pretty easy thing to address in the event the auDA was to receive such a complaint. Seems like I need to do a little homework… Like I said, I’ve never used anything but an ABN, several businesses I’ve registered domains for (including my own) don’t have registered business names as such. I did have one but the holding company I trade through is really just my name plus “pty ltd” and a family trust…so I wasn’t/don’t use a business name any more. I’ve found the purchase process almost instantaneous, where once upon a time it took a while to clear. Perhaps because I purchase through a company account consistently, I get some sort of auto clearance based on previous transactions?? Maybe the whole thing will blow up in my face at some point. As an aside, I once brought a domain for a client in my name, BIG mistake…they did something a little dodgy in the eye’s of the law and by corollary I finished up in both the magistrates court and county court…it all came out ok in the end, but it was a salutatory lesson to be more careful :)

    #1219600
    JacquiPryor
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    Hi Greg

    Yes, the registration process itself is really simple, but, nonetheless your registration is basically your confirmation that the registrant meets that eligibility criteria for .au domains. It’s unlikely to blow up in your face to be honest as that would typically happen if someone else complained to auDA – and as noted in my last post, sometimes that’s easily fixed.

    I know it from that other side – e.g. filing the complaint on behalf of a client because someone has registered a domain that matches their registered trade mark. As a first step, before engaging in costly domain dispute processes, we’d look at the registrant and if they meet the eligibility criteria and if not try the complaint with auDA as a first step to get the domain released.

    If you’d like to send me a PM with a few of your domain names I’d be happy to check that side out further for you.

    The policy states:

    . Domain names in the com.au 2LD must be:

    a) an exact match, abbreviation or acronym of the registrant’s name or trademark; or

    b) otherwise closely and substantially connected to the registrant, in accordance with the categories of “close and substantial connection” set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs.

    So, sometimes it’s not necessary to have the business name/trade mark etc – but, the domain might otherwise be connected to the registrant.

    As to the other matter in your post – oh dear! A good lesson for any/all of us really! Sounds like an ‘interesting’ experience.

    #1219601
    kathiemt
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    Corey, post: 265032, member: 31331 wrote:
    Some resources about the issue

    Cheers
    Corey

    Thanks Corey. I do know of people who’ve made it a business just buying domains and then reselling them but don’t know they can do that for Aussie domains as you have to provide ABNs and proof that your business is similar to what the domain is about. Interesting though.

    #1219602
    kathiemt
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    JacquiPryor, post: 265084, member: 20176 wrote:
    Hi Greg

    Yes, the registration process itself is really simple, but, nonetheless your registration is basically your confirmation that the registrant meets that eligibility criteria for .au domains. It’s unlikely to blow up in your face to be honest as that would typically happen if someone else complained to auDA – and as noted in my last post, sometimes that’s easily fixed.

    As to the other matter in your post – oh dear! A good lesson for any/all of us really! Sounds like an ‘interesting’ experience.

    Thanks Jacqui for your input which is valuable.

    #1219603
    Greg_M
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    JacquiPryor, post: 265084, member: 20176 wrote:
    Hi Greg

    Yes, the registration process itself is really simple, but, nonetheless your registration is basically your confirmation that the registrant meets that eligibility criteria for .au domains. It’s unlikely to blow up in your face to be honest as that would typically happen if someone else complained to auDA – and as noted in my last post, sometimes that’s easily fixed.

    I know it from that other side – e.g. filing the complaint on behalf of a client because someone has registered a domain that matches their registered trade mark. As a first step, before engaging in costly domain dispute processes, we’d look at the registrant and if they meet the eligibility criteria and if not try the complaint with auDA as a first step to get the domain released.

    If you’d like to send me a PM with a few of your domain names I’d be happy to check that side out further for you.

    The policy states:

    . Domain names in the com.au 2LD must be:

    a) an exact match, abbreviation or acronym of the registrant’s name or trademark; or

    b) otherwise closely and substantially connected to the registrant, in accordance with the categories of “close and substantial connection” set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs.

    So, sometimes it’s not necessary to have the business name/trade mark etc – but, the domain might otherwise be connected to the registrant.

    As to the other matter in your post – oh dear! A good lesson for any/all of us really! Sounds like an ‘interesting’ experience.

    Thanks for the info and the offer.

    Yes, it was an “interesting” experience, makes a great after dinner story with a glass of red but it was a bit of a challenge at the time.

    Long story short, the clients website (everything in my name, ha ha) was the primary prosecution evidence. Luckily they accepted I had no real connection to the business…but called me as a witness against my own client…over 40 minutes in the box being hammered by the prosecution barrister and my client defended himself. Client got a slap on the wrist in the magistrates court, but got his hackles up and took it to appeal in the county court where he was facing close to 40K in costs if he lost. He defended himself against a well credentialed barrister and I was still a primary prosecution witness. This time he actually won it…who says there’s no justice for the little guy :)

    He’s still a client (and a friend) but I’m a lot more careful about where my name appears.

    #1219604
    Corey
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    Netfleet email…

    auDA have released their response to the PRP’s policy recommendations.

    Key comments you’ll want to know:

    1. Resale – “…a Person can transfer a licence to another eligible Person by novation of the Licence Agreement and by the transferee Person entering into a new Licence Agreement. The commercial nature of this arrangement is a matter between parties…There is no evidence that domain name flipping as an investment strategy is having a negative impact on the utility of the .au domain nor resulting in a scarcity of domain names.” – page 4
    2. Warehousing – “The warehousing prohibition appears to disproportionately target domain investors…This proposal elevates the rights of trademark and other intellectual property owners over other licence holders in the .au domain, which may give rise to issues of market power and anti-competitive practices. Management believes that further information is required to assess whether the net benefit to the community of prohibiting warehousing in respect of a class of registrants outweighs the competition issues. For these reasons Management believes that there should be no change to the existing policy position.” – pages 4 & 5
    3. Domain monetisation – “A Person who satisfies the eligibility and allocation criteria for a licence in the com.au, net.au or .au namespace will be able to use that licence for any legitimate purpose, including domain name monetisation or domain name investment.” – page 6

    Here’s the link to the full document

    https://www.auda.org.au/assets/Uploads/Management-Report-PRP-Recommendations-Final.pdf

    Cheers
    Corey

    #1219605
    kathiemt
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    CephIT, post: 265077, member: 112253 wrote:
    As previously mentioned I’m sure. Australian domain registration is comparatively well governed.
    To register a .com.au you have to have a registered business name.

    While the email does seem legit it certainly seems unsolicited and annoying. They likely only have your email due to your email address being listed on the registrar a number of times on multiple domains.

    That could well be it. I own several websites and some of those sites have more than one domain pointing to the site. But I usually only have one .com.au for each site, the others are .com or .org or whatever.

    #1219606
    kathiemt
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    Greg_M, post: 265095, member: 38207 wrote:
    Thanks for the info and the offer.

    Yes, it was an “interesting” experience, makes a great after dinner story with a glass of red but it was a bit of a challenge at the time.

    Long story short, the clients website (everything in my name, ha ha) was the primary prosecution evidence. Luckily they accepted I had no real connection to the business…but called me as a witness against my own client…over 40 minutes in the box being hammered by the prosecution barrister and my client defended himself. Client got a slap on the wrist in the magistrates court, but got his hackles up and took it to appeal in the county court where he was facing close to 40K in costs if he lost. He defended himself against a well credentialed barrister and I was still a primary prosecution witness. This time he actually won it…who says there’s no justice for the little guy :)

    He’s still a client (and a friend) but I’m a lot more careful about where my name appears.

    That is interesting. It’s amazing how many clients I’ve ‘rescued’ who couldn’t get access to their domain name when their former host or designer disappeared. I’ve always made sure that my client’s domains are registered in their own names although I’m often listed as their tech contact.

    #1219607
    Corey
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    Of late I have begun to invest in gTLD’s & ccTLD’s.

    Cheers
    Corey

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