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  #1  
Old 21-06-10, 12:54 PM
Glady Glady is offline
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Default The power of auDA

I joined this forum so I could share a frightening experience with you.



I’m also fairly new to domains, but got involved when friends suggested I do so. One is a respected international domainer who lives in Melbourne.



I’ve registered lots of domains, and also joined a drop service and bought lots of domains at auction. Being initially very naïve, I did buy some domains that I have since learned had potential problems attached to them (like trademarks). My mistake.



About a month ago, auDA queried my right to hold some domains. They said they were going to take some domains off me because I had breached trademarks etc. I realised that I had to cop the loss of these domains. No complaints. Live and learn is my motto.



auDA then did an audit of all my domains held in one particular entity, and asked me on what policy reason I had bought them all, and what were my intentions with them. I answered as best as I could, and told them I was going to develop websites and monetize them etc. I had already started doing so.



auDA told me that they didn’t like my answers, and that I had broken their rules. Therefore they were going to “Policy Delete” nearly every single one of these domains; approx 110 of them! I spoke to a lawyer who wrote to auDA, but they just went ahead and deleted the domains that I had paid lots of money for. These were deleted last week and other people bought them. There were domains like horserugs.com.au which I paid over $400 for originally. Others included carstereosystems.com.au and Hastings.com.au. The whole list is published on this forum.



By the way, I have no beef with anyone who bought them.



I’ve never been a whinger and have worked hard for my dough. But I think this action by auDA is so over the top, and it’s frightening because they did it so quickly. I accept losing some domains because of possible trademark issues, but surely I shouldn’t been stripped of almost everything I own? Shouldn’t auDA be helping educate people like me rather than punish me so severely?



Please tell me what you think. Would you be upset if you had over 100 domains taken from you just like that?
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  #2  
Old 21-06-10, 01:20 PM
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djuqa djuqa is offline
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I feel for you mate, as I know how hard it is to take the loss of 1, let alone 100+.

auDA has several policies that affect as domainers, and often despite most members of auDA being domainers or Involved in the industry seem to have a problem with domaining.

Most informed domainers know not to incur the wrath of auDA regarding tm's and this is an area that auDA needs to do more. Preventing tm registration in the first instance, rather than waiting to policy delete.

Also most domainers still don't realise, registration for the sole purpose of resale is NOT a valid reason for registration.
Yes even after the 6 month wait period.

Just Parking a name with an attached for sale link could be considered advertising for resale not Monetisation.
Monetisation IS a valid reason if your stated business model is that under the Close and substantional rule.

Developing as a site is easier to justify as a valid usage and monetisation business model.
Non-Usage and invalid usage will incur possible deletions and as in your case , GLADY, possible audits of entire portfolios.
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Last edited by djuqa; 21-06-10 at 01:26 PM..
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  #3  
Old 21-06-10, 01:51 PM
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geodomains geodomains is offline
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That's not good Glady, I think the auda have been harsh to say the least and even though you have admitted to some tm domains being in your name, to take all the other domains off you is terrible.

I remember some audits I had on my domains and I had a few taken off me that I too had registered not even knowing they were on the auda misspelt list.
We all make mistakes in the early days of registering domains, its not like we have a guidebook.

I thought the auda were going to have an independent body handle domain disputes, what ever happened about that?

Don
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  #4  
Old 21-06-10, 02:39 PM
Oz. Oz. is offline
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Unbelievable, I am speechless!!
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  #5  
Old 21-06-10, 03:51 PM
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soj soj is offline
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Does the auDA even give you any time to fix any problems they have with some your domain infringements? It seems quite absurd to pretty much rob you of all those domains because they don't like your answer. Especially when there are many domains out there which are infringing on the rules, but haven't been deleted.
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  #6  
Old 21-06-10, 03:58 PM
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djuqa djuqa is offline
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Yes exceptionally heavy-handed
We do need the Australian domainers association that has been mentioned before
For ,by and about domainers.
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  #7  
Old 21-06-10, 04:06 PM
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FirstPageResults FirstPageResults is offline
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Seems unfair. Sounds like they made an example out of you for whatever reason.
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  #8  
Old 21-06-10, 07:53 PM
DavidL DavidL is offline
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That really sucks. I did wonder at the time why horserugs.com.au etc were policy delete.

Quite surprised to hear this as auDA have been much better recently in my experience. I had 300 odd put into policy delete a few years ago but I they did reverse it after a bit of pressure. What response did you give them?

You certainly sound like a reasonable person so I'm really sorry to hear about this.

Don, good point about the independent complaints mechanism. It was announced by Chris Disspain at TRAFFIC 2008 so I'll be sure to ask Jo at the Sydney Domainer's meetup where that's up to...

EDIT: It's somewhere in here - http://gigtv.rampms.com/gigtv/Viewer...c809185ab64359 In fact everyone should watch this video

Last edited by DavidL; 21-06-10 at 07:57 PM..
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  #9  
Old 21-06-10, 09:58 PM
WG2010 WG2010 is offline
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How do larger companies such as OMG manage to avoid this? Is it simply a matter of auDA needing to make an example of someone now and again to be seen as doing their job?

Last edited by WG2010; 21-06-10 at 10:59 PM..
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  #10  
Old 21-06-10, 10:41 PM
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italiandragon italiandragon is offline
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Not impressed.

That's why I keep out of the .com.au
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