The Auda policy is about registering a mispelling of a company name / bad faith registration etc. It's got nothing to do with mispellings of generic words. Chauffer.com.au would not be affected by the Auda Policy on mispellings
__________________________________
1. BACKGROUND
1.1 This document sets out auDA’s policy on the registration of misspellings. It clarifies
the type of domain name that auDA may regard as a prohibited misspelling, and
the process that auDA will follow in dealing with prohibited misspellings.
2. TERMINOLOGY
2.1 This policy uses the following terms:
a) “entity name” means the name of an Australian registered company or
incorporated association as listed with the Australian Securities and Investment
Commission (ASIC), or the name of an Australian government body. It does
not include a registered business name;
b) “personal name” means the given name(s) and/or last name of a person; and
c) “brand name” means the name of an identifiable and distinctive product or
service, whether commercial or non-commercial.
3. POLICY PRINCIPLES
3.1 auDA’s objective in enforcing a prohibition on misspellings is to preserve the
integrity of the .au domain space by discouraging “typosquatting”, whereby a
person deliberately registers a misspelling of a popular domain name in order to
divert trade or traffic.
3.2 auDA recognises that a domain name that appears to be a prohibited misspelling
may not in fact be a prohibited misspelling given the particular circumstances of
the case (eg. where two registrants have very similar entity, personal or brand
names). The complaints-handling process set out in section 4 of this policy gives
the registrant an opportunity to respond to the complaint and provide reasons why
the domain name is not a prohibited misspelling. auDA will consider each case on
its own merits.
3.3 auDA is also aware that some prohibited misspellings are repeatedly re-registered
for the purpose of domain monetisation. In order to deal effectively with this
category of prohibited misspellings, auDA will use the audit process set out in
section 6 of this policy.
3.4 This policy may not be used to settle disputes between a registrant and a third
party about competing rights to a domain name. Such disputes should be handled
under the .au Dispute Resolution Policy (auDRP) or under Australian law.
4. SCOPE OF PROHIBITION
4.1 The prohibition on misspellings applies where:
a) the domain name is a misspelling of an entity, personal or brand name that
does not belong to the registrant; and
2
b) the registrant has deliberately registered the misspelling in order to trade on
the reputation of the other entity, person or brand.
4.2 For the purposes of the prohibition, a domain name will be regarded as a
misspelling if it falls into one of the following categories:
a) the singular version of a plural name, or the plural version of a singular name
(eg. woolworth.com.au, safeways.com.au);
b) a name with missing letters (eg. yhoo.com.au);
c) a name with additional letters (eg. quantas.com.au);
d) a name with transposed letters (eg. goolge.com.au, wetspac.com.au);
e) a name with letters replaced by numbers, or numbers replaced by letters (eg.
9msn.com.au);
f) a hyphenated version of a name (eg. e-bay.com.au, micro-soft.com.au);
g) a name prefixed by “www” (eg. wwwseek.com.au); or
h) any other name that auDA determines is a deliberate misspelling, having
regard to the surrounding circumstances.
5. COMPLAINTS-HANDLING PROCESS
5.1 Where a person believes that a domain name is a prohibited misspelling as defined
in section 4 of this policy, that person should lodge a complaint with auDA using
the contact details on the auDA website at
http://www.auda.org.au.
5.2 If auDA determines that the domain name may be a prohibited misspelling, auDA
will contact the registrant and ask them to provide evidence to show that the
domain name is not a prohibited misspelling. The registrant will be required to
respond within 7 calendar days of auDA’s request. The registrar of record for the
domain name will also be notified of the complaint.
5.3 If the registrant is able to show that the domain name is not a prohibited
misspelling, auDA will take no further action on the complaint. The complainant
may have further recourse against the registrant under the .au Dispute Resolution
Policy (auDRP) or under Australian law (eg. trade mark infringement).
5.4 If the registrant is unable to show that the domain name is not a prohibited
misspelling, or does not respond to auDA’s request for information, auDA will
instruct the registrar to delete the domain name. The domain name will enter
“serverUpdateProhibited” and “serverHold” status for 14 calendar days, then it will
be dropped from the registry database at a random time between 10.30am and
5.00pm AEST (or 11.30am and 6.00pm AEDT) on the next business day.
5.5 The domain name will not be transferred to the complainant, or reserved for the
complainant. If the complainant wants to license the domain name, they must
apply for it using the normal application process.
6. AUDIT PROCESS
6.1 auDA will publish a list of prohibited misspellings that have been deleted under
section 5 of this policy. auDA will conduct regular audits of the registry database to
check whether domain names on the list have been registered again (by the same
registrant, or another registrant).
6.2 Where a domain name on the list is found to have been registered by a person who
does not appear to be associated with the relevant entity, personal or brand name,
auDA will instruct the registrar of record to delete the domain name. The domain
name will enter “serverUpdateProhibited” and “serverHold” status for 14 calendar