SitePoint Sponsor

User Tag List

Results 1 to 14 of 14
  1. #1
    SitePoint Member
    Join Date
    Jun 2009
    Posts
    1
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    Trademark issues with country extensions

    Say for example I wanted to use the domain name (just an example) fancyfood dot com dot au, but fancyfood dot com is already registered and trademarked, would that be a violation of trademark laws?

  2. #2
    Follow: @AlexDawsonUK silver trophybronze trophy AlexDawson's Avatar
    Join Date
    Feb 2009
    Location
    England, UK
    Posts
    8,111
    Mentioned
    0 Post(s)
    Tagged
    1 Thread(s)
    Only if the trademark extends to the country in which you are providing the website and only if your website is similar enough that it could be confused with their website or the item in question which is trademarked. Though you would be walking a fine line and personally I would not take the chance because they could legitimately take the domain from under you with no refund to yourself for deliberately infringing on the trademark.

  3. #3
    Programming Since 1978 silver trophybronze trophy felgall's Avatar
    Join Date
    Sep 2005
    Location
    Sydney, NSW, Australia
    Posts
    16,840
    Mentioned
    25 Post(s)
    Tagged
    1 Thread(s)
    To get a .com.au domain you must have an Australian business registration for a business where the name you are applying for is related to the business. That would mean that you are only going to be able to get the domain in the first place if you either already have that "brand" name in Australia or the name is generic/descriptive enough to not be considered a brand reference. So if you apply for the domain and get it then it can't be a violation of any trademark law.
    Stephen J Chapman

    javascriptexample.net, Book Reviews, follow me on Twitter
    HTML Help, CSS Help, JavaScript Help, PHP/mySQL Help, blog
    <input name="html5" type="text" required pattern="^$">

  4. #4
    Non-Member
    Join Date
    Jun 2009
    Location
    Thailand
    Posts
    91
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Same in Thailand, you have to show your business registration documents to get your domain, not that I would ever bother with a co.th

  5. #5
    SitePoint Wizard SiberForum's Avatar
    Join Date
    Dec 2007
    Posts
    1,197
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    If there are no trade mark in the country where ccTLD is from so I suppose there are no violation. In any case that might be problem to register ccTLD not being resident

  6. #6
    Programming Since 1978 silver trophybronze trophy felgall's Avatar
    Join Date
    Sep 2005
    Location
    Sydney, NSW, Australia
    Posts
    16,840
    Mentioned
    25 Post(s)
    Tagged
    1 Thread(s)
    Well to be able to get a .com.au domain as was used in the example you have to be a registered Australian business. You can register businesses in Australia where the owners are elsewhere (provided you register as a company rather than a partnership or sole trader) but you would still need a director of the company to reside in Australia.
    Stephen J Chapman

    javascriptexample.net, Book Reviews, follow me on Twitter
    HTML Help, CSS Help, JavaScript Help, PHP/mySQL Help, blog
    <input name="html5" type="text" required pattern="^$">

  7. #7
    Follow: @AlexDawsonUK silver trophybronze trophy AlexDawson's Avatar
    Join Date
    Feb 2009
    Location
    England, UK
    Posts
    8,111
    Mentioned
    0 Post(s)
    Tagged
    1 Thread(s)
    I have always been curious why australia uses .com.au rather than .au as its ccTLD.

    It seems to have ended up with what could almost be a subdomain or secondary level domain (if you want to be precise).

  8. #8
    Programming Since 1978 silver trophybronze trophy felgall's Avatar
    Join Date
    Sep 2005
    Location
    Sydney, NSW, Australia
    Posts
    16,840
    Mentioned
    25 Post(s)
    Tagged
    1 Thread(s)
    Quote Originally Posted by AlexDawson View Post
    I have always been curious why australia uses .com.au rather than .au as its ccTLD.

    It seems to have ended up with what could almost be a subdomain or secondary level domain (if you want to be precise).
    .com.au is a SLD within the Australian .au ccTLD

    There are others such as .net.au .org.au .asn.au .name.au .gov.au .csiro.au and so on - each with different restrictions on who can use it. The one with the fewest restrictions is .name.au which only requires Australian residency, .asn.au is available to associations of any sort within Australia, .org.au is available to organisations such as political parties and charities, .com.au and .net.au are available to Australian businesses and so on.
    Stephen J Chapman

    javascriptexample.net, Book Reviews, follow me on Twitter
    HTML Help, CSS Help, JavaScript Help, PHP/mySQL Help, blog
    <input name="html5" type="text" required pattern="^$">

  9. #9
    Follow: @AlexDawsonUK silver trophybronze trophy AlexDawson's Avatar
    Join Date
    Feb 2009
    Location
    England, UK
    Posts
    8,111
    Mentioned
    0 Post(s)
    Tagged
    1 Thread(s)
    I know what they are but I wonder why they chose to use ccSLD (like the UK) rather than having .au (generically) like other ccTLD's.

  10. #10
    Programming Since 1978 silver trophybronze trophy felgall's Avatar
    Join Date
    Sep 2005
    Location
    Sydney, NSW, Australia
    Posts
    16,840
    Mentioned
    25 Post(s)
    Tagged
    1 Thread(s)
    Quote Originally Posted by AlexDawson View Post
    I know what they are but I wonder why they chose to use ccSLD (like the UK) rather than having .au (generically) like other ccTLD's.
    I think it has to do with the number of people wanting domain names (Australia is one of the biggest markets apart from the US) and also wanting to control the meanings of the SLD the way that the international TLD were supposed to work (but never did) with different types of sites having different SLD. For example you know if you are visiting a .com.au or .net.au site that you are dealing with a registered business and all the legal implications that their being registered entails as compared to say .com which was supposed to indicate a business but can actually be owned by anybody at all from anywhere (and therefore you don't necessarily get the protection you'd get if they were a recognised business). Australian personal sites would be on .name.au while other types of organisations that are not businesses, not personal and not government would be either .asn.au or .org.au.

    The one unusual SLD in Australia is .csiro.au - they are the Australian scientific research organisation whose first working computer predates the first working computers built in either England or the US so they are certainly deserving of special status - since they have been in the field longer than anyone else.
    Stephen J Chapman

    javascriptexample.net, Book Reviews, follow me on Twitter
    HTML Help, CSS Help, JavaScript Help, PHP/mySQL Help, blog
    <input name="html5" type="text" required pattern="^$">

  11. #11
    Follow: @AlexDawsonUK silver trophybronze trophy AlexDawson's Avatar
    Join Date
    Feb 2009
    Location
    England, UK
    Posts
    8,111
    Mentioned
    0 Post(s)
    Tagged
    1 Thread(s)
    Quote Originally Posted by felgall View Post
    I think it has to do with the number of people wanting domain names (Australia is one of the biggest markets apart from the US).
    While that may be true, .com.au domain names aren't close to being in the "popular" list, according to Verisign in December for last year The top 10 most purchased TLD's (g and cc) were...

    .com
    .cn
    .de
    .net
    .org
    .uk
    .info
    .nl
    .eu
    .biz.
    Source: http://www.internetnews.com/stats/ar...h+and+TLDs.htm

  12. #12
    Programming Since 1978 silver trophybronze trophy felgall's Avatar
    Join Date
    Sep 2005
    Location
    Sydney, NSW, Australia
    Posts
    16,840
    Mentioned
    25 Post(s)
    Tagged
    1 Thread(s)
    You will probably find that China, Germany, United Kingdom, Netherlands, and Europe TLDs are also subdivided with several different SLDs as well.
    Stephen J Chapman

    javascriptexample.net, Book Reviews, follow me on Twitter
    HTML Help, CSS Help, JavaScript Help, PHP/mySQL Help, blog
    <input name="html5" type="text" required pattern="^$">

  13. #13
    SitePoint Addict
    Join Date
    May 2006
    Posts
    291
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by felgall View Post
    The one unusual SLD in Australia is .csiro.au - they are the Australian scientific research organisation whose first working computer predates the first working computers built in either England or the US so they are certainly deserving of special status - since they have been in the field longer than anyone else.
    Very interesting, I hadn't heard this before, you don't see much mention of it in the history of computing, where was the team working? What is the scientific capital of Australia?

    Rgds

  14. #14
    Follow: @AlexDawsonUK silver trophybronze trophy AlexDawson's Avatar
    Join Date
    Feb 2009
    Location
    England, UK
    Posts
    8,111
    Mentioned
    0 Post(s)
    Tagged
    1 Thread(s)
    Quote Originally Posted by felgall View Post
    You will probably find that China, Germany, United Kingdom, Netherlands, and Europe TLDs are also subdivided with several different SLDs as well.
    Germany, Netherlands and Europe (generic .eu) Do not have any registered in use SLD's actually.


Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •