Monday, May 12, 2014

Letter from Keith Besgrove (Australian Government) regarding the new gTLD applications for .WINE and .VIN

"The Australian Government is concerned that proposals being put forward for additional conditions could unduly limit the legitimate use of GI-related terms, and unfairly restrict access to online avenues of trade. Domain names themselves are not GIs, and terms relating to GIs can legitimately be used as part of a domain name for a range of purposes. For example, the term champagne is recognised as a GI in Australia and, as a result, sparkling wine made in Australia may not be labelled as champagne. However, it is acceptable for an Australian wine retailer to sell champagne [that is, wine that is produced in the French region of Champagne under the rules of appellation]. It is also acceptable for Australian entities to use the word champagne in business names and domain names, such as champagnedistributors.wine. In this example, the existing safeguards for new would appropriately prohibit a fraudulent or deceptive use of that domain name, and require a process to deal with any complaints that may arise. Conditions additional to these could inappropriately obstruct legitimate trade".

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