auDA Board Election

[Simon Johnson]

I've just completed the membership application. Too late for new members to vote in this election though...

That's ok - there is always next time! Its really great that you actually went ahead. auDA should be representative of all Australian Internet users.

 

[Cooper Mills DomainLawyer]

Hey guys

Two important reminders about the auDA Board Elections:

1. If you are a member eligible to vote please make sure that your membership is current and financial, if it's not your vote doesn't count, it is best to check with auDA if unsure, and pay your fee;

2. The proxy forms need to be returned by close of business 14 October 2010 - it is best to complete and return it now;

Once again thank you to everyone for their strong support - we can make a difference and have our voices heard!

Cheers
Erhan

 

[shags38]

Good luck Simon -

Erhan, if you are successful then with that extra commitment you are likely not to be able to keep up your posting frequency to DNTrade - your average of 4 per year may suffer (or are you on your second odometer?) - good luck.

 

[DomainNames]

mm yes Erham why so little posts over the last 2 years? Will you stay active for domainers once we vote you in?

Can you list a full list of the things you will try to do for domainers once you get elected ? 8 posts over 2 years just caught my attention also! Your posts does not seem to be going up even though i note more posts you have done. have not seen that before on this software.. maybe an interesting vbulletin glitch

 

[DomainNames]

Erhan.. its all good to ask for votes and I gave you mine.. Can we check but is there any free legal advice you can offer in the New Domain Legal Issues topic area?

How often will you commit to write and answer questions in there to help domainers?

 

[Cooper Mills DomainLawyer]

Always happy to chat with anyone and answer questions, feel free to contact me erhan [at] coopermills.com.au or better still just pick up the phone!

As for legal tips let me know your questions and we can get a few discussions going!

 

[DomainNames]

Erhan can u list some general advice under Domain Legal Issues topic area ?

 

[shags38]

Always happy to chat with anyone and answer questions, feel free to contact me erhan [at] coopermills.com.au or better still just pick up the phone!

As for legal tips let me know your questions and we can get a few discussions going!

Here is a Q to start with ........ Letters from TradeMark owners re- Domain names registered - their requests to cancel the names and/or making statements of claim to ownership of the mark without insisting on cancelling of registration but moreover alluding to this. In other words waving a big stick - where does a domain name owner stand?

This topic is a long and involved one as you would well appreciate, not only that but it is also contensious, so I will pose a couple of sub-questions. Does the act of registering a domain name that includes in part a registered mark (the whole mark) in itself necessarily infringe on that mark, or does the mark owner have to prove "intent" by the domain name owner rather than claim assumed assumptions? What considerations are there if any to the fact that the mark is a name that can be used in a generalised sense and not necessariliy specifically in reference to the mark owners product or service? In registering a mark the mark is registered to specific classes - if a domain is registered as above, however is not made live as a hosted website then how can an owner of the mark claim infringement against the domain name owner when the class of use of that domain name is not determined - one can only assume that the mark owner is assuming use of the mark in the registered classes at this point hence has not established valid arguement to infringement or even intention of infringement. In fact I would query whether the domain name owner could counter the mark owner with a potential defamation suit for casting aspersions without due cause?

Mark owner - "we note you have registered domain name 123XXX456.com - as the owner of the mark XXX we bla, bla, bla".

I have purposely not given specific nor even vague examples of names / cases - examples tend to cloud the general overall interpretation of such an issue by being argued on specifics - as domainers we need to be able to work on generalisations.

Your thoughts Erhan?

 

[shags38]

Another quick one Erhan - can a sale of an AU domain be facilitated for a domain registered less than the required 6 months, based on an agreement between the owner (licencee) and the purchaser that transfer of the licence to the domain name will be effected on the 6 month anniversary date? i.e. I can sell you a domain under 6 months regged if you are prepared to wait for transfer - you pay a deposit with balance upon transfer.

cheers,
Mike

 

[DomainNames]

Maybe these need to go to Domain legal Issues with an area called DOMAIN LEGAL QUESTIONS where we can all post and people can lodge back help?

 

[Simon Johnson]

I just wanted to take the time to say thanks to the people who voted and sent in their proxy forms today.

For those people who couldn't vote (due to the auDA 3 month rule) - hang in there. There will always be next time.

The AGM is on Monday 18th at 11am in Melbourne. I will be attending and look forward to meeting some of you in person.

 

[DomainNames]

Hi Simon did u or Erhan get voted in ?

 

[Chris.C]

For those people who couldn't vote (due to the auDA 3 month rule) - hang in there. There will always be next time.

You guys will have to make sure you start your campaigns earlier next year.

 

[Cooper Mills DomainLawyer]

I echo Simon's comments, thank you so much to everyone who voted. Wish us luck for Monday! If we don't win this year there is always next year.

So get involved and have your voice heard, auDA membership is not expensive (and its easy to join, you can do it online here), and besides having a vote at the AGM you can get involved in policy reviews. With policy reviews, the more people involved the more pressure on the board for change. I would love to see everyone on the forum nominate for the next policy review panel.

The key message to everyone here is 'strength in unity', thanks again for supporting both Simon and I.

Cheers
Erhan

 

[TroyW]

Surely the first rule to change should be the 3 month rule - how paid members are ineligible to vote is beyond me. Seems a little backward.

 

[shags38]

Agreed Troy - even the All England Tennis Club allows open neck shirts in the Members area these days

 

[shags38]

Erhan - I have posed a question above and await your response with baited breath and as well have posed more queries in the specific forum area - so when you get a chance.

cheers,
Mike

 

[shags38]

update - not bothering to post any legal questions. I decided to read some of the auDA policies instead. The policies in my humble opinion are archaic, obviously constructed with an old school tie club mentality, are about 3 millenia behind the times, are counter-productive to business and any actions taken by auDA in what it determines is an infringement of its policies would be extremely difficult to substantiate (and hence defend the actions) in a court of law. The policies are, like much in a legal sense, broad in statement lacking precise definition and hence open to interpretation - the lawyer with the biggest bonus wins the case (or the Domainer with the biggest determination aka "The Castle" effect).

cheers,
Mike

 

[Cooper Mills DomainLawyer]

Hey Mike

No worries mate I will take a look

Cheers
Erhan