First of all, let us consider domain name resellers. Resellers act as an intermediary between registrants and registrars. They will typically acquire domains to offer them to prospective registrants. They are tasked with overseeing the transaction, and maintaining all the necessary details and documentation. Furthermore, they are the conduit between a registrant and registrar, working with both to address any issues that are brought to their attention by either party. It is not uncommon for resellers to also function as registrars, as the two are not necessarily mutually exclusive.

Overseeing their integrity and efficacy, resellers are bound by consumer legislation as well as guidelines established by the auDA in the “au Domain Name Suppliers Code of Practice”. While extensive in length, the policy covers areas including: general conduct, methods of communicating with registrants, services offered (particularly, bundles), advertising principles and guidelines, disclosure obligations, the process and rules in dealing with complaints, and protection afforded to consumers.

Whereas resellers do not require accreditation or authorization from the au Domain Administration, registrars require such approval. As part of their role within the industry, registrars manage the registration component of the domain. For example, if one decides to renew or terminate the tenure of their domain, the registrar is responsible for executing this task. Also, not only do they oversee the registration of domains or any changes, but they are sometimes tasked with the responsibility to push domains into a hold or delete status subject to a dispute resolution outcome.

While it might appear simple enough for any reseller to also operate as a registrar, they must contend with arduous requirements that are designed to preserve the veracity of the industry. Not only do registrars need to invest a significant sum of money to clear initial hurdles, they must continually renew their licensing rights. And if you thought that was it, it isn’t. Registrars must also be able to demonstrate competency in others areas, particularly their ability to comply with policies and regulations, while also operating a robust web platform.

That’s it for this occasion, stay tuned for our next educational article. If you have any questions, don’t hesitate to contact us.

Best wishes,
The Netfleet Team

http://www.netfleet.com.au

While the policy’s intent has been met with favour from large businesses who already own their primary domain name, many smaller businesses and individuals are often left surprised when the auDA questions their entitlement to the misspelt name. In most cases, said domains are revoked on the basis that a party has no ‘legitimate’ right(s) to use the name.

However, as a registrant, it’s important one familiarises themselves with the respective proceedings surrounding a prohibited misspelling. First and foremost, always check the most recent list of prohibited misspellings published on the auDA’s policy page (link above). The list is populated by domains which are spelled incorrectly, including:

a) the singular version of a plural name, or the plural version of a singular name (eg. woolworth.com.au, safeways.com.au);

b) a name with missing letters (eg. yhoo.com.au);

c) a name with additional letters (eg. quantas.com.au);

d) a name with transposed letters (eg. goolge.com.au, wetspac.com.au);

e) a name with letters replaced by numbers, or numbers replaced by letters (eg. 9msn.com.au);

f) a hyphenated version of a name (eg. e-bay.com.au, micro-soft.com.au);

g) a name prefixed by “www” (eg. wwwseek.com.au); or

h) any other name that auDA determines is a deliberate misspelling, having regard to the surrounding circumstances.

However, said prohibitions are applicable where the domain misspells an entity, brand or personal name, and the registrant has done so to trade upon the reputation of the other party. Therefore, the auDA make provision for the specific context of the domain name, including similarly named parties.

Following routine audits by the auDA, the governing body may ask the relevant registrar to delete the domain name after 14 days of being held in suspense. During said time, the onus will be placed on the registrant to prove their right(s) to maintain the misspelled domain name, which if successful, will result in the name being reinstated and removed from the misspelling list. However, it should be made clear that this does not absolve DRP or trade mark rights.

Similarly, if another party believes a name should be deemed a prohibited misspelling, or the registrant believes the name should not be on the misspelling list to begin with, they may make a complaint to the auDA. In both cases, again, the onus will be on the registrant to prove their cause within the specific timelines as requested by the auDA.

That’s it for this occasion, stay tuned for our next educational article. If you have any questions, don’t hesitate to contact us.

Best wishes,
The Netfleet Team

http://www.netfleet.com.au