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Whois data availability

  • To: <whois-comments-2007@xxxxxxxxx>
  • Subject: Whois data availability
  • From: "Bell, Victoria" <Victoria.Bell@xxxxxxxxxxxx>
  • Date: Wed, 31 Oct 2007 16:41:54 +1100

Submissions regarding public availability of Whois data.
Baker & McKenzie Australia, as a law firm with an intellectual property
practice of a substantial size uses the Whois database on almost a daily
basis.  The data available through the Whois databases is used as
Protection of intellectual property rights
Information disclosed in the Whois database is usually required to prove
use of trade marks, registered designs and copyrights. This is helpful
in two ways:
a) when filing evidence of use or reputation of a mark for the purpose
of having it registered; and
b) to establish ownership of copyrights on website design and content.
Enforcement of intellectual property rights
In the internet environment, Whois data is probably the only way
intellectual property owners can identify:
a) owners of domain names which infringe their rights; and 
b) owners or persons responsible for websites which offer products or
services which infringe their rights.
Identifying the infringer and his/her contact details is crucial when
owners of intellectual property rights need to put people on notice of
their rights, send letters of demand or start legal proceedings.
We believe that if the intellectual property owners that we represent
were unable to access Whois information, they would be seriously
prejudiced and so would be their ability to stop and prevent conduct
which infringes their intellectual property rights.
Due diligence and maintenance of intellectual property rights and domain
The Whois data is also useful in identifying the registered owners of
domain names during due diligence investigations.  In our experience, it
is quite common that businesses do not have adequate record of the
domain names they own.  In conducting due diligence investigations for
our clients we have always used the Whois information and in the
majority of the cases we have found many domain names registrations for
which the businesses do not have any records.  When we act for companies
that are purchasing a business, determining which domain names form part
of or have been registered by the business is very important and so is
registering the change of ownership of the domain names.  The
information about the registrant's administrative contact has helped us
to track down user names and passwords required to update the ownership
information and to renew the domain names when these are transferred to
other companies.
Best Regards

Byron Angelopulo / Victoria Bell
Partner / Associate

Baker & McKenzie
Level 27, AMP Centre
50 Bridge Street
Sydney NSW 2000
Direct: +61 2 8922 5395 / +61 2 8922 5134
Tel: +61 2 9225 0200
Fax: +61 2 9225 1595
byron.angelopulo@xxxxxxxxxxxx <mailto:byron.angelopulo@xxxxxxxxxxxx>  /
victoria.bell@xxxxxxxxxxxx <mailto:victoria.bell@xxxxxxxxxxxx> 
www.bakernet.com <http://www.bakernet.com/>  


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