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cyberlaw:dns [2019/01/23 18:03]
witta
cyberlaw:dns [2019/09/03 11:56] (current)
131.181.11.107 [Regulating the Domain Name System]
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 ## Domain Names ## Domain Names
  
-DNS stands for Domain Name System ("​DNS"​). ​A Domain Name is the text that you usually ​type into the browser to get to the website of your choicesuch as facebook.com,​ google.com or qut.edu.au. The DNS is responsible for translating between the domain name and the IP address, which is the unique ​number ​assigned to each device on the Internet ​that allows it to communicate with other devices and comprises a series of number. For example, facebook.com'​s IP address is [[173.252.120.6|173.252.120.6]]. ​The relatively simple and easy to remember Domain Name System plays an important role in making the internet accessible to users. ​+DNS stands for Domain Name System ("​DNS"​). ​The DNS translates a domain name, which is the text that you type into a web browser to get to the website of your choice such as facebook.com,​ google.com or qut.edu.au, to its corresponding ​IP address, which is the unique ​series of numbers ​assigned to each device on the Internet. For example, facebook.com'​s IP address is '[[173.252.120.6|173.252.120.6]]'Since domain name are relatively simple and comprise largely ​easy-to-remember ​words, the Domain Name System plays an important role in making the internet ​more accessible to users. ​
  
 ### The Domain Name Structure ### The Domain Name Structure
  
 Domain names, like _qut.edu.au_,​ have three main levels: Domain names, like _qut.edu.au_,​ have three main levels:
-  * Top level domain (LTD) - e.g. '​.au'​+  * Top level domain (TLD) - e.g. '​.au'​
   * Second level domain (2LD) - e.g. '​.edu'​   * Second level domain (2LD) - e.g. '​.edu'​
   * Third level domain (3LD) - e.g. '​qut'​   * Third level domain (3LD) - e.g. '​qut'​
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 Tailly was ordered to transfer to Mantra registration of the domain names incorporating the CIRCLE ON CAVILL words. Futher, an injunction was ordered restraining Tailly from using CIRCLE ON CAVILL or similar words as trade marks. Finally, Tailly was ordered to pay Mantra its profits derived from bookings sourced via the infringing websites. Tailly was ordered to transfer to Mantra registration of the domain names incorporating the CIRCLE ON CAVILL words. Futher, an injunction was ordered restraining Tailly from using CIRCLE ON CAVILL or similar words as trade marks. Finally, Tailly was ordered to pay Mantra its profits derived from bookings sourced via the infringing websites.
  
-### Summary of Main Points from Above Case Law +### Summary of Case Law 
  
 The mere registration of a domain name does not constitute use of a sign as a trade mark (but may still constitute passing off at common law or misleading or deceptive conduct). A domain name may be used as a trade mark when it can be shown to be a sign used in trade to distinguish goods and/or services from those of other traders in addition to operating to indicate the location of a website. Under the Trade Marks Act it is not permissible to use another'​s registered trade mark as part of a domain name if the domain name links to a website which uses the registered mark to advertise or market goods or services in respect of which the trade mark is registered. The mere registration of a domain name does not constitute use of a sign as a trade mark (but may still constitute passing off at common law or misleading or deceptive conduct). A domain name may be used as a trade mark when it can be shown to be a sign used in trade to distinguish goods and/or services from those of other traders in addition to operating to indicate the location of a website. Under the Trade Marks Act it is not permissible to use another'​s registered trade mark as part of a domain name if the domain name links to a website which uses the registered mark to advertise or market goods or services in respect of which the trade mark is registered.
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 "​www.",​ "​.com"​ or hyphens within a domain name do not substantially affect the identity of the trade mark contained in the domain name.  "​www.",​ "​.com"​ or hyphens within a domain name do not substantially affect the identity of the trade mark contained in the domain name. 
  
-### Australian Consumer Law contraventions and Passing Off+## Australian Consumer Law contraventions and Passing Off
  
 In several decisions, the use of domain names has been held to contravene ss 52 (misleading and deceptive conduct) and/or 53 (misrepresentations of the //Trade Practices Act 1974// (Cth) ("​TPA"​) ​ - now ss 18 and 29 of the Australian Consumer Law (//​Competition and Consumer Act 2010// (Cth) Schedule 2) respectively). In these cases, courts have made orders requiring all necessary steps to be taken to transfer, cancel or de-register the disputed domain name. In several decisions, the use of domain names has been held to contravene ss 52 (misleading and deceptive conduct) and/or 53 (misrepresentations of the //Trade Practices Act 1974// (Cth) ("​TPA"​) ​ - now ss 18 and 29 of the Australian Consumer Law (//​Competition and Consumer Act 2010// (Cth) Schedule 2) respectively). In these cases, courts have made orders requiring all necessary steps to be taken to transfer, cancel or de-register the disputed domain name.
 +
 * //Macquarie Bank Ltd v Seagle// [2008] FCA 1417 – registrant breached TPA s 52 in registering domain names related to Macquarie Bank  in .com, .net and .us domains * //Macquarie Bank Ltd v Seagle// [2008] FCA 1417 – registrant breached TPA s 52 in registering domain names related to Macquarie Bank  in .com, .net and .us domains
  
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