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Ansearch Case Files: The Domain Dispute Resolution Process

		ARTICLES Ansearch – A New & Innovative Australian Search Engine or Something More Sinister? Judge for yourself! Part Five of a Detailed Seven Part Series. Prepared by: Melissa Martin, Diane Scott & Peter McNamara with contributions from many industry sources. Note: Despite emails requesting comments on this article to Ansearch CEO Dean Jones, Ansearch Media relations employee Louisa Williams & Optum CEO Peter Jermyn, neither company has chosen to respond to address the concerns raised. Ansearch: A Detailed Seven Part Series Ansearch Case Files: Background Information & Introduction Ansearch Case Files: Ansearch Under Fire Ansearch Case Files: Questionable Domain Name Registration Tactics Ansearch Case Files: Discovery Spreads Ansearch Case Files: The Domain Dispute Resolution Process Ansearch Case Files: Ansearch & Associated Domain Names Ansearch Case Files: Ansearch Contact Information The Domain Dispute Reolution Process From an International standpoint - recently, the World Intellectual Property Organisation (WIPO) published a case book on resolving domain name disputes, which indicated that “to convince a WIPO panellist that someone is cyber squatting on your brand, you need to show that the disputed domain name is identical or confusingly similar to your trade mark.” It is unlikely that the registrants associated with Ansearch will be able to retain (nor should they) many of the domains that have been registered. With a full investigation by auDA underway and the legal departments of various large companies focusing on Ansearch and its actions, the potentially bright future of a new search engine is turning decidedly sour. The fact that Ansearch and its subsidiaries were able to register so many domain names over such a short period of time points to a serious problem in the current Australian domain registration system. On the surface it would appear to be impossible for an entity to register huge numbers of domains without the active cooperation of the registrar or registrars used. Evidently however, despite auDA policy, Ansearch has seems to have managed to do just that. Registrars are meant to uphold policy as noted by auDA: 4.2. "It is the responsibility of all auDA accredited registrars, in accordance with the Registrar Agreement, to apply the policy rules set out in this document. Each domain name application must be checked for compliance with the relevant policy rules by the registrar before it is submitted to the registry for inclusion in the registry database. auDA has published guidelines for registrars to assist them in interpreting the policy rules outlined in this document." Look at 10. ALLOCATION CRITERIA - MEANING OF "CLOSE AND SUBSTANTIAL CONNECTION: In particular - 10.4 “Please note that registrars are expected to act with integrity and use their common sense in determining whether the registrant's warranty is bona fide…” Registrars in turn rely on the applicant to purchase domain names in “good faith” and provide correct information during the domain name registration process. Here is an extract taken from one Australian registrar’s TOS: “You must not, directly or indirectly, through registration or use of the Domain Name or otherwise: register a domain name for the purpose of selling it, or register a domain name for the purpose of diverting trade from another business or web site, or deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill, or register a domain name and then passively hold a Domain Name Licence for the purpose of preventing another person from registering it. “ Courtesy of TPP Internet. Australian companies have 4 possible courses of action if they feel a domain name is in dispute. Approach the company you feel is encroaching on your trademark or business name and hope to resolve the situation amicably. As Ansearch is quick to point out they are open to such approaches. Seek legal advice through a reputable legal firm that is well versed in the intricacies of domain name registration. Use the auDRP domain name dispute resolution agencies as listed on the auDA site at a cost of approximately $1,500 per domain. Live with the situation and do nothing (At this stage many companies that do not already have proceedings underway are waiting to hear a resolution from the auDA investigations). Currently there are three ways of approaching Ansearch, either by calling their direct phone number, visiting their offices or sending them an email. If your company would like to contact Ansearch - please see the contact information located at the end of this series. Next: Ansearch & Associated Domain Names >> Discuss this series at Search Engine Forums Relevant links: World Intellectual Property Organisation WIPO Case book on Domain Name Disputes auDA Policy Additional auDA Policies TPP Internet auDRP Domain Name Dispute Resolution Agencies Strange names registered by Ansearch and associated entities (chiefly Goodbrook Holdings Ltd.)