This .AU Domain Complaint Seems “Dead in the Water”

As I expected, domain complaints relating to “conflicted .au domains” have started to flow. This article relates to the domain name Scuba.net.au.

For the uninitiated, this means that two or more eligible registrants have purchased a priority token to a particular .au domain, but neither get it because they are effectively blocking each other.

Their options are either to try and outlast the other party (but they have to keep paying their token fee each year to do so); or try and negotiate a commercial deal with the other registrant.

Then there is the third optiontry and eliminate the other party by virtue of a complaint. Which leads to today’s article.

auDRP application on Scuba.net.au

au stands for Australia; “DRP” is “Dispute Resolution Policy”. A complainant can file an application against a registrant to try and get a domain name transferred to themselves. Cost starts at $2000. Read more here.

When looking at auDA’s database of auDRP proceedings, I noticed one on Scuba.net.au. I immediately thought this must be related to an .au priority dispute. Both the com.au and net.au have priority applications on scuba.au.

I reached out to the registrant of the net.au, and he confirmed this was the case.

Dead in the Water

Unless there are facts not readily apparent, then, in my opinion, this is a total waste of money by the complainant. They have to prove all three legs in an auDRP complaint:

  • The domain name is identical or confusingly similar to a name, trademark or service mark in which you have rights; and
  • The Respondent, the current holder of the domain, has no rights or legitimate interests in respect of the domain name; and
  • The domain name has been registered or subsequently used by the Respondent in bad faith.

The respondent to the complaint first registered scuba.net.au in 2002 – some 10 years before the complainant began their business.

Scuba.net.au redirects to Underwater.com.au, and as you can see from this link, they certainly have rights and legitimate interests.

I will report back when there is a decision.

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