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Old 18-11-09   #1
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Default Domain Name rego-What is legal & what is the best safeguard?

Let me paint the scenario before I ask all the my question regarding domain name registration and what is legal and not in order to safeguard my business and domain name.

Say my company is XYZ Pty Ltd and has an ACN, which means I can just go and register my domain as XYZ.Com.Au if not already taken.

However, I wish to make my domain name a bit more catchy and decide I would like to name it perhaps 'xyzindustries.com.au' or 'xyzsolutions.com.au'.

Questions:
1. Can I just go and register those catchy domains names if not taken and assume all is ok, or do I also need to register the business(trading) name in my state(Vic)?

2. If those domain names where not registered as trading names by me, do I risk losing it and can someone else just freely claim or take it off me if they decide to go and register a Company name of exactly the same name eg. 'xyzindustries pty ltd?

3. Is getting a business(trading) name registered enough to safeguard against Joe Blogg coming from Qld and registering a company name of the same name through ASIC? ...which would mean I can't use xyzindustries

My 3 questions are kind of inter related, however, the key is how do I safely protect what I register today as a domain name and not risk losing it or claimed by another person tomorrow?

Anyone had any bad experiences with domain names or got any expert advise on this topic from a legal and protection point of views?
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Old 20-11-09   #2
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Thanks man, I've been doing some research since posting this and got a bit out of the IP Australia gov site.

Yep, trademark is the way to go and for safeguard also, however, at the end of the day it's what you can demonstrate and proof in thenevent of a dispute.
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