browse comments: internet domain names

internet domain names
Sridhar & Rukmani (sridhar@ihug.co.nz)
Sat, 8 Aug 1998 15:15:36 +1200

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With regard to registration of company names, the Registrar of Companies
will not grant registration for a name which is likely to or calculated to
mislead or deceive the public, for instance registration of a company name
would not be permitted if a company with the same or similar name is
already in existence. A similar approach could be adopted for internet
domain names. This would ensure that well-known trademarks are not
'hijacked', for example, if I wish to register Marks&Spencer.com as a
domain name for my business on the internet, this should be disallowed as
members of the public may think I represent the real Marks & Spencer. One
difference with internet domain names is that a trademark may not have been
registered as a domain name and someone who is not the holder of the
trademark may wish to register it first. However, the test used for company
registrations can still be used as this is also the test in trademark
infringement and passing-off actions.

I would be grateful if you could e-mail me any more information/documents
produced by your committee. Thanks

Rukmani Iyer (Ms.)
LL.B(Hons),Barrister, England & Wales
to be admitted to the New Zealand High Court shortly