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Driving into dust

The Daily Telegraph - HARBOUR VIEWS - 13 January 2003
By John Rolfe

In a first, the Institute of Arbitrators & Mediators Australia (IAMA) has resolved by arbitration a domain name dispute between a West Australian group and a NSW firm.

The dispute, one of the first cases under auDA's new dispute resolution policy, was over the rights of the Australian Drivers Rights Association (WA) and the Australian Dust Removalists Association (NSW) to the domain name www.adra.com.au.

The drivers' organisation used this name and website for a couple of years, but its right lapsed in July 2002 after its renewal was not processed by the registrar, Melbourne IT. Subsequently, the Australian Dust Removalists Association registered the name.

The Australian Drivers Rights Association asked IAMA to resolve its problem, requesting the return of its right to use the domain name. It also claimed the dusties wanted $30,000 to give the site back.

However, the dusties won, because the drivers failed to prove all the elements required, including that the dusties had "no rights or legitimate interests" in the name.

We gratefully acknowledge the permission from John Rolfe and The Daily Telegraph to reprint ths article.

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