Legal Referral Website

[neddy]

The operator of a legal referral website has won an injunction against a rival operator after losing its prime position in Google search terms.

Read more: http://www.smh.com.au/technology/te...court-clash-20120529-1zgml.html#ixzz1wF5VUXY6

Yet another stoush - it seems a cut-throat market out there. Lawyers at 20 paces.
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[findtim]

don't you just love it when lawyers sue lawyers ?


tim

 

[Cooper Mills DomainLawyer]

interesting article, but at the end of the day it appears to be a simple trademark, misleading and deceptive conduct / passing off claim - it just happens to involve lawyers which is definitely a rarity!

 

[DavidL]

Hmmm I just sold lawyersearch.com.au (for $3,500) on Monday. Wonder if then sudden approach is related to this somehow?

 

[Blue Wren]

Hmmm I just sold lawyersearch.com.au (for $3,500) on Monday. Wonder if then sudden approach is related to this somehow?

Well done. Still trying to work out how you sell .com.au when one is not supposed to. ????

I:m not sure. I:m a bit lost on the whole selling of .com.au thing.

 

[Chris.C]

Well done. Still trying to work out how you sell .com.au when one is not supposed to.

Buy without the sole intention of reselling - ie, have something else to do with the domain other than just selling it.

 

[soj]

Still trying to work out how you sell .com.au when one is not supposed to. ????

I:m not sure. I:m a bit lost on the whole selling of .com.au thing.

Here's an explanatory brochure from auDA. It is a bit outdated because the 6 month rule was abolished last year.

http://www.auda.org.au/pdf/registrant-transfer.pdf

But most importantly, here is an extract from their Transfers (Change of Registrant) Policy (2011-03):

3. CIRCUMSTANCES OF TRANSFER

3.1 A registrant may:

a) offer their domain name licence for transfer (or “sale”) to another eligible entity, by any means; and

b) transfer their domain name licence to another eligible entity, for any reason.

Please Note: Under the Domain Name Eligibility and Allocation Policy Rules for Open 2LDs, a registrant may not register a domain name for the sole purpose of resale or transfer to another entity. Where a registrant is found to have breached this policy rule, auDA reserves the right to cancel the domain name licence and delete the domain name.

The only real restriction is that you must not purchase a domain name for the SOLE purpose of resale. An example of this scenario would be buying up a domain name that
may relate to someone's business name or company or brand or TM and trying to flog it to them pretty much straight away!

But as I have said on here before, auDA are not mind readers as to your intentions. They also accept that there are domainers whose business model it is to buy and sell
(and sometimes develop domains in between!).

Hope that helps "unconfuse" you!
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[James]

This is an interesting case because it involves organic search, most of the time this type of stuff revolves around paid search. I think this will have a flow on effect for affiliates who target trademark terms in the organic space heavily, many brands are still waking up to this.

 

[DavidL]

Well done. Still trying to work out how you sell .com.au when one is not supposed to. ????

I:m not sure. I:m a bit lost on the whole selling of .com.au thing.

Yeah I registered it in 2009 for the purpose of monetisation (and possible development at some stage).

However, like most of my domains, I listed it on Netfleet in case anyone wanted to make an offer to buy it in the meantime.

 

[findtim]

Yeah I registered it in 2009 for the purpose of monetisation (and possible development at some stage).

However, like most of my domains, I listed it on Netfleet in case anyone wanted to make an offer to buy it in the meantime.

So you set a reserve on netfleet? with say 21 days to sell? and if it doesn't meet the reserve you just go start it again?

tim

 

[Blue Wren]

I:m sorry to the OP for taking this thread off topic. (also for the punctuation errors - I:m in Japan and the keyboard is very different and hard to tame).

Thank you for your answers guys.

Please feel free to moved my post (and answers too it), to an appropriate thread.

 

[Blue Wren]

Here's an explanatory brochure from auDA. It is a bit outdated because the 6 month rule was abolished last year.

http://www.auda.org.au/pdf/registrant-transfer.pdf

But most importantly, here is an extract from their Transfers (Change of Registrant) Policy (2011-03):



The only real restriction is that you must not purchase a domain name for the SOLE purpose of resale. An example of this scenario would be buying up a domain name that
may relate to someone's business name or company or brand or TM and trying to flog it to them pretty much straight away!

But as I have said on here before, auDA are not mind readers as to your intentions. They also accept that there are domainers whose business model it is to buy and sell
(and sometimes develop domains in between!).

Hope that helps "unconfuse" you!
.

Big help. Thanks Ned.