ACCC receives injunction against ING

The Australian Competition and Consumer Commission was granted an injunction against Internet Name Group (Internet Name Protection Pty Ltd) on Monday 6 May 2002. The injunction covers a multitude of issues, including registration of .com.au domain

The Australian Competition and Consumer Commission was granted an injunction against Internet Name Group (Internet Name Protection Pty Ltd) on Monday 6 May 2002. The injunction covers a multitude of issues, including registration of .com.au domain names, pre-registration and domain name renewals.

You can view the full text at http://www.icannwatch.org/article.php?sid=722.

Below is an extract from the injunction order:


1) it [ING] will not in Australia or elsewhere, publish, distribute, or display material, by any means whatsoever (including electronic transmission and/or oral communications) in which it:

(c) represents that it has a pre-existing relationship with a person, if in truth it does not, in particular, by stating that there is such a relationship or by describing its notices as "Renewal Advices" or by an invitation to "confirm" a renewal or by addressing its notices to "accounts payable". The notices it sends to those persons to whom it does not have a pre-existing relationship will include the statement: "You do not have to renew your domain name registration through ING" (such statement to appear in the body of the text (in the same size and font as that text) on the front page of the notices);

(d)represents that it has the authority itself, and itself can provide, the registration or renewal of a customer's domain name;

(f) represents that it has a relationship with Melbourne IT that in truth it does not;

(g) represents that it can register ".com.au" domain names on the internet for a period of more than two years;

(i) represents that an application for pre-registration of one of the names ".biz" or ".info" must be made through it;


The most interesting point here is (c). This clause covers the emails sent out by many Domain Name Registrars soliciting people to 'Renew your Domain Name with us NOW, before it expires and we are forced to release it', or words to similar effect. In the majority of cases, people who receive these emails originally registered their domain name with a different registrar, and when they check with said company find that their domain name is in no danger of expiration.

At best, this is an underhanded and morally dubious business tactic. At worst, it could arguably be called fraud. However, Domain Name Registrars have been getting away with this practice for years, with their only punishment being angry rants and vitriol posted to Usenet and various community Websites by those who fell for the scam.

It's great to see a crack down on this type of behaviour, even if any eventual ruling will only apply within Australia. Hopefully, the ACCC will find success in the upcoming court case and decide to bring the fight to other underhanded Domain Name Registrars whose businesses thrive on trickery and confusion.