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Domain name and PTY LTD company issue?

Discussion in 'Newbies & Getting Started' started by johanpeterson40, Nov 25, 2012.

  1. johanpeterson40

    johanpeterson40 Membership: Community

    Nov 23, 2012
    Likes Received:
    Hi guys,

    we have one domain name and some one has already registered PTY LTD company with this same name with ASIC.

    So Can they company owner claim our Domain as them?
  2. DomainNames

    DomainNames Membership: Community

    Oct 5, 2010
    Likes Received:
    If its generic words probably not.

    make sure you use the name or at least monetise it properly and do not approach the owners to sell it to them
  3. findtim

    findtim Membership: VIP

    Dec 13, 2011
    Likes Received:
    auDA Member:
    you probably need to give us more info to give you the right answer, generally we all speak in BS names like " i own abc.com.au so can i......"

    domain names and business/company names don't really have any hold, its first come first served

    if its your competitors name eg: johnsmithdentist.com.au and you are not john smith then you are screwed.

    but you could be "herbs in dubbo" a sole traded and "herbs PTY LTD" did not get herbs.com.au before you ! well you should be fine.

    i could spend HOURSSSS giving you example of p/l 's that have duplicates so i don't think you have anything to worry about as long as you have honestly reg'd the domain for yourself/your business

  4. Phigit

    Phigit Membership: Community

    Nov 30, 2012
    Likes Received:
    I own a domain humanrightsconference.com.au and had owned it for 6-12 months. Someone registered a pty ltd company with the same name. They called and told me I had to give it to them. I was very nice and suggested that they do a little more research because they had no right to it.

    On the other hand I bought a dropped domain that was something I had never heard of musicavivainschools.com.au and within a week of buying it I was contacted by the previous owners who had let it drop. It was an administrative mistake and they were about to launch TV and radio advertising for this site. I gave it back to them because it was their brand and it was clearly a site that they had developed previously.

    Therefore, I think the previous answers are correct. If it is generic then I would hold on to it. If it is branded then consider a transfer.
  5. Zachorazor

    Zachorazor Membership: Community

    Feb 28, 2013
    Likes Received:
    Primary Question about .com.au domain name trading

    Hi Tim,

    This aligns with a fundamental question I have about securing .com.au names, and I was wondering if you could answer it for me?

    I've read the published regulations under auDA policies and have seen it said elsewhere that an exact or similar match to a sole trader's name or a registered business name are not the only possible prerequisites for legitimately registering a .com.au extension.

    I've read that domains can still be registered with this extension if they 'have a close and substantial connection' with your business type (and name), but that examples of Close and Substantial Connections actually include:
    a product that your business manufactures or sells; or
    a service that your business provides; or
    an event that your business organises or sponsors; or
    an activity that your business facilitates, teaches or trains; or
    a venue that your business operates; or
    a profession that your business'' employees practise.

    So does this mean I could have a registered business name of, say, businesscents.com.au but because I also provide a consultancy service, I could legitimately register businessconsultancy.com.au instead or as well? This would seem to be suggested by the examples presented above. Similarly if the business sold a product called, 'tidybiz' would it be acceptable to auDA to register tidybiz.com.au under the current regulations? Or if my employees practice salesseminars, would that allow for legitimate registration of sales.com.au (as if, but you probably get the point and then some)?

    What I'm trying to ultimately discern is, are business owners allowed to register multiple domain names that are often - due to the principles provided in the examples set out above - not exact or similar matches to the business or sole trader name registered?

    If not, this would mean that the only people able to trade .com.au names are those who have actually run a business utilising an exact or similar domain name, and have decided to cut their losses and sell off the one or two, they have been allowed to register. Is this correct?

    Or do business owners have the latitudes, suggested above to register more, and more varied .com.au domain names, for trading, on sites like netfleet?

    Sorry for the long message, but I need this info sorted in my head prior to being able to move forward at all with .com.au name trading.

    Thanks a heap, if you have the time to help me understand this aspect of the process. I don't want to ever engage in any action that might be deemed inappropriate under the auDA guidelines.

    Kind regards,