Anyone had a domain taken off them by auDA?

[paz]

Hi guys,

I just recently picked up brisbanebroncos.com.au (NRL fans will know) as they use just broncos.com.au for their main site.

Right now I've just chucked up a eBay affiliate page with google analytics to guage traffic (type-ins).

I realise if the club really wanted to the could probably snatch the domain right out from under me.

Has anyone had it happen to them?

 

[snoopinc]

Maybe offer selling it to them.

 

[paz]

I think I have to wait 6 months from when it is first registered to sell it, can anyone confirm this?

 

[DavidL]

Yes you do ave to wait 6 months.

If auDA judge that the domain is monetised & is close to an established brand name then they can indeed just delete it from under you.

For a domain like that, I'd suggest putting together some sort of fan site...

 

[paz]

I'm planning on making a community (forum). Hopefully that will be ok.

 

[DomainMarketPlace]

I'd be careful offering to sell it to them directly as that would be one instance were they could just take the name off you.

netfleet's point about monetisation is a good one. I look after a domain that resembles a large brand name and gets 500-600 type-ins per day and for a brief period i did monetise it as a test but was quick to remove the ads as it was arguably a breach of auDA policy.

I have however been pondering a work around were users click through to a separate website filled with ads.. ?

 

[stoscano]

no.
But i have been on the other end and stripped a .com.au domain from someone else.

 

[paz]

Update: Looks like they are taking the name off me. Not sure if it's because of this thread or what but I'd suggest anyone in the same situation as me keep it off publis communities!

Any help with how I can keep it? I can't have a fan site/community?

 

[TroyW]

Hello Paz,

Have they said why they are planning to take it from you? Who is planning to take it from you?

I have 2 suggestions:

1. Read the www.auda.org.au guidelines for registering domains and check that you are eligible.

2. I believe the NRL own the broncos trademark not the brisbane club. The NRL would most likely have an attorney firm watching for potential infringements and they'd most likely pick it up by doing a whois rather than a forum. There are ways that you can use the trademark that would not be deemed as infringement such as using the domain to pass comment on the trademark owner. This is why companies often register companynamesux.com so others can't.

If you would like to keep it, have a look through the trademark section at www.ipaustralia.gov.au and/or contact a trademark attorney. Many attorneys give an initial free 1/2 hour which should be more than enough to get the advice you need.

 

[paz]

They said the reason was it is a misspelling that is not allowed under auDA policy?

I'd really like to keep the domain but probably won't go as far as getting an attorney.

 

[DavidL]

They said the reason was it is a misspelling that is not allowed under auDA policy?

Which it clearly isn't. Misspelling of what? From time to time auDA use this an an excuse to get rid of names they feel shouldn't be registered.

The worst one I has was a domain acc.net.au taken from me. They said that it was a misspelling of abc.net.au. (the 'b' on the keyboard isn't even next to the 'c')

I had 7 days to 'prove that it wasn't a misspelling', which of course is impossible. Someone else has since registered it no problems.

I often support auDA with what they do but this is one area which is too open to interpretation IMO. It's impossible to definitively say what is a misspelling and what isn't (put my 2 yr old on the keyboard & he might misspell google.com.au as hsgdjhsdg.com.au!).

Paz, my advice is to write a response as best you can but other than that there's nothing you can really do (without getting lawyers involved etc) so if you lose it, take it in your stride & consider it a bit of blood letting to keep the beast at bay...

 

[DomainMarketPlace]

I know of someone who tried to register the name 'gurgle.com.au' and was rejected because it was too close to google.

To be honest some registrars wont even let you register names that are clearly typos, trademark infringements or outside of auDA policy. I see this go on all the time,

They do this because:
- they get in trouble from auDA
- protect businesses (if someone sets up a business and then has the name taken away that looks really bad and could destroy an online business)

Some registrars however will just let you register what ever you like even if your not entitled to it.

 

[paz]

auDA have a list of domains not allowed to be registered due to being common typos, and brisbanebroncos.com.au is on that list, however I'm not sure if it has been put on before or after I registered the domain and was contact by auDA.

If they put it on the list after I registered it, then I don't see how it is a typo and this whole thing is ridiculous.

If they it was on the list BEFORE I registered it then hostess (my registrar) should really be checking new registrations against this list and shouldn't allow me to register it (I can't see me getting a refund!).

What if I had started development? Paid a coder or designer or just invested time, if the domain was not suppose to be registered and was on some sort of black list, why was I allowed to pay my money only to have the domain taken 3 days later?

 

[DavidL]

They probably added it just after you registered the name.

I can say categorically that it was not on the list in July last year (which is the last time I downloaded the list).

 

[Sway]

If they it was on the list BEFORE I registered it then hostess (my registrar) should really be checking new registrations against this list and shouldn't allow me to register it (I can't see me getting a refund!).

Seeing that Hostess is a Netregistry company, i would have thought they would have stopped this one upon registration, as in the past they have been one of the more policy abiding registrars out there. Anyway this is further proof of what i was saying the other day (here) when considering to invest in .au's

 

[TroyW]

I don't understand how it's a misspelling - could someone explain?

The relevant policy appears to be this one: http://www.auda.org.au/policies/auda-2008-09/. However, your domain doesn't appear to be a misspelling and therefore I don't see how it applies.

I would think they would be more likely to knock it back due to the NRL trademarks ie if you use it commercially you may infringe the trademark but if you don't use it commercially then your not eligible for the .com.au.

 

[DomainMarketPlace]

I've found NetRegistry to be a little relaxed about auDA policy when registering domains... i know i have registered a few names there that would've been knocked back at other registrars.

Also the name definately would've been added to the blacklist after auDA found out about the registration. Some registrars such as Cheaper Domains cross check the black list during the registration process, but i guess not many registrars are fully automated.