Dot com dot au eligibility criteria

The organisation that administers the domain name regime in Australia is .au Domain Administration Ltd (auDA).  The Commonwealth Government holds reserve powers to regulate domain names under the Telecommunications Act 1997 (Cth).  The auDA also regulates Australian domain name registrars.

Domains aren't property!

There are no proprietary rights in a domain name.   A registrant holds a license to use the domain name for a minimum of two years and is subject to the terms of the license agreement.

First come first served

Domain names are allocated according to a first come first served basis, provided that the party wishing to register the domain name (the Registrant) meets the eligibility criteria.  A trade mark is not better than a business name, nor is a company name any better.  Its simply first in best dresses.

auDA publishes domain name eligibility and allocation rules for 2LD's. Generally, cogate provisions apply to eligibility criteria for .com.au, .edu.au, .net.au, asn.au, .id.au, and .org.au. It is possible for a Registrant to register multiple 2LD domain names provided they meet the eligibility criteria.

Registrant characteristics

In order to be eligible to register a dot com dot au domain name, the Registrant must:

	be trading under a business name registered in any State or Territory of Australia;
	an Australian partnership;
	the owner or applicant for an Australian Registered Trademark;
	an incorporated Association or an Australian Statutory body registered in any Australian State or Territory;
	a foreign company licensed to trade in Australia; or
	an Australian Registered Company.

 

The Domain name itself must be:

	an exact match, abbreviation or acronym of the Registrant's name or trademark; or
	closely and substantially connected to the Registrant.

Mistakes to avoid

Don’t make any false claims when applying to register a domain name. auDA has the right to revoke the domain name license. Additionally a Registrant must not register a domain name for the sole purpose of resale.

Domain name disputes

If you believe that you have a domain name dispute, contact Malcolm Burrows at GM Legal on 0419 726 535 and he can advise you considering your exact circumstances.

This article is general in nature and cannot be regarded as legal advice.  It is general commentary only.  You should not rely on the contents of this article without consulting a lawyers.  If you would like advice regarding how the law applies to your individual circumstances, then please contact a legal practitioners Contact Us.