domainwatch.org

Thursday August 17 2006

NZ Domain Registration High Court Injunction (Blair Rafferty)

Filed under: NZ Domain Registration, Blair Rafferty — Josh @ 9:28 pm

InternetNZ, through the Office of the Domain Name Commissioner, has obtained an interim injunction against NZ Domain Registration Limited.

NZ Domain Registration Ltd
http://www.dnc.org.nz/story/30259-29-1.html

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Further Update:

InternetNZ, through the Office of the Domain Name Commissioner (DNC), has obtained an interim injunction against NZ Domain Registration Limited (NZDRL). The injunction relates to NZDRL’s recent mass mail out. A copy of the Court’s order may be read here.

Money or cheques forwarded to NZDRL as a result of a recent mass mail out will be held in New Zealand pending the court’s final decision about whether NZDRL’s actions are legal or illegal.

The DNC wants any people who responded by mistake to NZDRL to get their money back. The DNC also wants to make sure that NZDRL gets domain names for the people who did mean to respond - if the domain names are still available.

In the Court proceedings the DNC claims that: NZDRL’s offers of .nz domain names look like invoices; NZDRL’s offers are likely to mislead or deceive recipients into paying them by mistake; NZDRL appears to be controlled from Western Australia; The DNC wants, at least, to have all responses to the offers held in New Zealand until everyone who has responded to them has confirmed whether or not they meant to try to register a new domain name.

NZDRL has not yet advised the Court of its full responses to the DNC’s claims. NZDRL has claimed that its offers are made in good faith and that its offer of a free MP3 player remains good.

The DNC notes that NZDRL’s offer does not ask for sufficient information to allow a .nz domain name to be registered.

NZDRL is not an authorised .nz registrar (or a reseller for an authorised ..nz registrar). NZDRL has not already registered the .nz domain names that it is offering to members of the public.

People who accept NZDRL’s offer may find that the domain name they want has been registered to someone else before NZDRL could get it. The .nz registry operates online on a “first come, first served” basis.

The DNC still encourages people to be cautious when deciding what action to take in respect of NZDRL’s notices.

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