What is auDA?
auDA stands for .au Domain Administration Limited which is a not-for-profit organisation authorised by the Australian Government to administer the .au domain space.
What are the functions of auDA?
auDA performs the following functions:
- develops and implements domain name policy;
- licenses 2LD registry operators (2LD are domain names registered by organisations with a domain name registrar);
- accredits and licenses registrars;
- implements consumer safeguards;
- facilitates .au Dispute Resolution Policy (auDRP); and
- represents .au domains at ICANN (the Internet Corporation for Assigned Names and Numbers) and other international fora.
How can .au Dispute Resolution Policy (auDRP) help with my domain name dispute?
The auDRP, a process adopted by auDA, is an alternative dispute resolution mechanism which means that the process is conducted out of court.
You can start administrative proceedings under auDRP in respect of a particular domain name in the following circumstances:
- the domain name is identical or confusingly similar to a name, trademark or service mark in which you have rights;
- the person who registered the domain name has no rights or legitimate interests in respect of the domain name; and
- the domain name was registered or subsequently used in bad faith.
What are the eligibility criteria for starting auDA administrative proceedings?
To start proceedings the domain name registrant (you) must be:
- trading under a business name registered in any State or Territory of Australia;
- an Australian partnership;
- the owner or applicant for an Australian Registered Trade Mark;
- an incorporated Association or an Australian Statutory body registered in any Australian State or Territory;
- a foreign company licensed to trade in Australia; or
- an Australian Registered Company
Why use Internet Law?
If you believe that you have a dispute in relation to a domain name, contact us and we will refer you to an expert who can advise you considering your exact circumstances. Minimise the risk of making the wrong decision and let us find the most effective and efficient lawyer at no cost to you.
Contact us with your enquiry today!