Loans and Debt Assistance Incorporated & Anor v .au Domain Administration Limited [2012] NSWSC 558

Loans and Debt Assistance Incorporated & Anor v .au Domain Administration Limited [2012] NSWSC 558

The plaintiffs were bound by the standard form .au Registrant Agreement and the defendant's Published Policies, which provided that the plaintiffs had no proprietary rights in the registered domain names and that the defendant could cancel registrations for breach of policy. The plaintiffs failed to show that the disputed org.au and asn.au domain names were closely and substantially connected to them as services they provided or activities they facilitated, taught or trained. The plaintiffs' constitutions did not identify their purposes, objects, operations, services or activities, many of the names were not services, proposed future services did not satisfy a requirement for a service...

Jurisdiction
Australia
Judgment Date
24 May 2012
Procedural Posture
Application for Injunction Restraining Deletion of Registered .au Domain Names / Urgent Final Hearing of Summons
Outcome
Summons dismissed with costs.
Legal Topics
['standard Form .au Registrant Agreement' 'incorporation of Published Policies' 'domain Name Licence Eligibility' 'close and Substantial Connection' 'no Proprietary Rights in Registered Domain Names' 'meaning of Service and Activity']
['contract' 'injunction' 'internet Domain Names'] ['standard Form .au Registrant Agreement' 'incorporation of Published Policies' 'domain Name Licence Eligibility' 'close and Substantial Connection' 'no Proprietary Rights in Registered Domain Names' 'meaning of Service and Activity']

Case Brief

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Procedural Posture

Application for Injunction Restraining Deletion of Registered .au Domain Names / Urgent Final Hearing of Summons

Legal Issues

  1. 1 ["Whether the defendant was contractually entitled to delete or cancel the plaintiffs' registered domain names under the .au Registrant Agreement and Published Policies." "Whether the plaintiffs' domain names had a close and substantial connection to the plaintiffs within paragraph 10.6(a) or 10.6(d) of the defendant's Published Policy." 'Whether the domain names described services provided by the plaintiffs or activities that the plaintiffs facilitate, teach or train.' 'Whether the plaintiffs had proprietary rights in the registered domain names or entries in the Registry Database.']

Ratio Decidendi

The plaintiffs were bound by the standard form .au Registrant Agreement and the defendant's Published Policies, which provided that the plaintiffs had no proprietary rights in the registered domain names and that the defendant could cancel registrations for breach of policy. The plaintiffs failed to show that the disputed org.au and asn.au domain names were closely and substantially connected to them as services they provided or activities they facilitated, taught or trained. The plaintiffs' constitutions did not identify their purposes, objects, operations, services or activities, many of the names were not services, proposed future services did not satisfy a requirement for a service...

Court Disposition

Summons dismissed with costs.

Orders

  • ['The Summons is dismissed with costs.']