Domain Names Australia loses appeal

An Australian domain-name company has lost its appeal to the Full Federal Court.

The Full Federal Court dismissed the appeal by Domain Names Australia and its sole director Chesley Paul Rafferty. The appeal was against a decision made by Justice Finkelstein earlier this year that the domain-name company had contravened the Trade Practices Act.

In a statement about the finding, the Australian Competition and Consumer Commission (ACCC) said it had begun proceedings against Domain Names Australia late 2003, alleging breach of the Trade Practices Act by "sending out misleading or deceptive notices inviting the recipient to register a particular internet domain name".

"In many cases the name referred to in the notice was similar to the recipient's existing internet domain name," according to the ACCC statement.

In their unanimous judgment, Justices Wilcox, Heerey and R. D. Nicholson dismissed Domain Names Australia's and Rafferty's appeal.