Whois Result for kaseychambers.com.au @ whois.ausregistry.net
Registrant
Name Goodbrook Holdings Pty Ltd
ID ACN 111225604
Handle C2108366-AR
Person Domain Administrator
Email whodeani @ozemail.com.au
Domain
Name kaseychambers.com.au
UpdatedDate 09-Feb-2005 02:27:04 UTC
Status OK
NameServer ns1.soush.com.au
NameServer ns2.soush.com.au
NameServerAddress 65.98.57.186
NameServerAddress 65.98.57.187
TechContact
Handle C2089469-AR
Name Domain Administrator
Person Domain Administrator
Email whodeani @ozemail.com.au

Whois Result for huntervalleyholidays.com.au @ whois.ausregistry.net
Registrant
Name GOODBROOK HOLDINGS PTY LTDGOODBROOK HOLDINGS PTY LTD
ID ACN 111225604
Handle C2483168-AR
Person GOODBROOK HOLDINGS PTY LTDGOODBROOK HOLDINGS PTY LTD
Email damian.london @ansearch.com.au
Domain
Name huntervalleyholidays.com.au
UpdatedDate Never Updated
Status OK
NameServer ns1.soush.com.au
NameServer ns2.soush.com.au
NameServerAddress 65.98.57.186
NameServerAddress 65.98.57.187
TechContact
Handle C2483169-AR
Name Damian London
Person Damian London
Email damian.london @ansearch.com.au

Whois Result for angusandrobertson.com.au @ whois.ausregistry.net
Registrant
Name Goodbrook Holdings Pty Ltd
ID ACN 111225604
Handle C2226250-AR
Person Domain Administrator
Email whodeani @ozemail.com.au
Domain
Name angusandrobertson.com.au
UpdatedDate 09-Feb-2005 01:30:05 UTC
Status OK
NameServer ns1.soush.com.au
NameServer ns2.soush.com.au
NameServerAddress 65.98.57.186
NameServerAddress 65.98.57.187
TechContact
Handle C2226252-AR
Name Domain Administrator
Person Domain Administrator
Email whodeani @ozemail.com.au

I also wonder if this is something new they're trying to pump up traffic?

Whois Result for fairtrading.com.au @ whois.ausregistry.net
Registrant
Name Goodbrook Holdings Pty Ltd
ID ACN 111225604
Handle C2285303-AR
Person Domain Administrator
Email whodeani @ozemail.com.au
Domain
Name fairtrading.com.au
UpdatedDate 15-Feb-2005 07:10:29 UTC
Status OK
NameServer ns1.soush.com.au
NameServer ns2.soush.com.au
NameServerAddress 65.98.57.186
NameServerAddress 65.98.57.187
TechContact
Handle C2285304-AR
Name Domain Administrator
Person Domain Administrator
Email whodeani @ozemail.com.au

You can't use somebody else's trademark in a way that would steal the value of the mark, or in a way that might make people confuse you with the real owner of the mark, or which might allow you to profit from the mark's good name. For example, if I were giving advice on music videos, I would be very wary of trying to label my works with a name like "mtv." You can use marks to critcise or parody the holder, as long as it's clear you aren't the holder.

and

recently in the USA commercial copyright violation involving more than 10 copies and value over $2500 was made a felony

How can any legitimate business justify its purchase of literally hundreds of .com.au domains to capture accidental traffic and drive it to their website and then passed that traffic off as an enormous success and proof of the popularity and the superiority of the features of their new search engine.

It appears that Australian newcomer to the Search Engine scene, Ansearch, is doing exactly that.

The domain names in question are mostly minor variations and misspellings of Australian government departments, organisations and well-known Australian and overseas business names and celebrities etc with a good sprinkling of generic words thrown in as well. They have been set up to route the accidental traffic from those mistyped and wrongly typed web addresses to their own web site (ansearch.com.au) with, in most cases, a 302 redirect. (on a side note - all of these domains are being indexed by Google because of the way they currently handle 302 cases - more clutter and deceptive redirects in the search engines!)

With traffic deadlines to meet before launching into some serious revenue earning predictions and financial backing it is perhaps easy to see why they have opted to use a technique that is more commonly employed in the realm of pornography marketing. But is it appropriate for a publicly listed Australian company to behave in such a dangerously underhanded manner?

With glowing reports about their traffic growth and statistics to prove it are the shareholders aware of Ansearch's very un-Australian behaviour?

A bit of noise is now being created around the search engine forums by web marketers that are concerned about the affect of Ansearch's activities --- not only for the exploitation of search and the Internet in general but also the exploitation of business names and trade names. There appears to be a serious flaw in the AUDA's policies that has allowed this to occur.

All Australian businesses and trademark holders should check to see if they have become a victim of this insidious form of identity theft

like this site indeed. spend most my time on others... but this sites full of interesting information.

RE: TPA - You need to look a little further into the trade mark practices act. You will find various sections, unless a company has a trademark under sections 38 and 42, there is most likely not much of a case.. (icq . com . au perfect example).

From my experience most of the queries you had on names were incorrect. I'd admit, some are intersting, but still the worst that would happen is that the name would be deregistered. So accusing this company of violating the trade mark practices act and drawing attention to them is something (based on my legal knowlegde) I disagree with.

RE: "your questions to the search engine", i've contacted them myself, am awaiting a response. Still can't see why you wouldn't have done the same?

RE: "The way you Post" - if it is public information is not an excuse.. posting people's email addresses is just as good as submitting that person to a spam list. I am sure with your knowledge you are well aware of this.

your comment: "where hundreds or thousands of domains can appear in the results all leading to the one domain". .... This forum actually has a number of domains that lead to the same place. I don't find anything wrong with that, and i'm sure you don't. Whats the difference?

Yes, you do have a right to your view, but if i were you (based on this being a company) i would have first contacted the company with your concerns and secondly never named any names (whether that be individuals, companies or domains) .. would hate for this to get any further.

§2.38 Use by predecessor or by related companies.
(a) If the first use of the mark was by a predecessor in title or by a related company (sections 5 and 45 of the Act), and the use inures to the benefit of the applicant, the dates of first use (§§2.34(a)(1)(ii) and (iii)) may be asserted with a statement that first use was by the predecessor in title or by the related company, as appropriate.

(b) If the mark is not in fact being used by the applicant but is being used by one or more related companies whose use inures to the benefit of the applicant under §5 of the Act, such facts must be indicated in the application.

(c) The Office may require such details concerning the nature of the relationship and such proofs as may be necessary and appropriate for the purpose of showing that the use by related companies inures to the benefit of the applicant and does not affect the validity of the mark.

[30 FR 13193, Oct. 16, 1965, as amended at 54 FR 37589, Sept. 11, 1989; 64 FR 48900, Sept. 8, 1999, effective Oct. 30, 1999]

2.42 Concurrent use.
An application for registration as a lawful concurrent user shall specify and contain all the elements required by the preceding sections. The applicant in addition shall state in the application the area, the goods, and the mode of use for which applicant seeks registration; and also shall state, to the extent of the applicant’s knowledge, the concurrent lawful use of the mark by others, setting forth their names and addresses; registrations issued to or applications filed by such others, if any; the areas of such use; the goods on or in connection with which such use is made; the mode of such use; and the periods of such use.