The Australian Competition and Consumer Commission has instituted Federal Court proceedings against domain name reseller Internet Name Protection Pty Ltd, trading as Internet Name Group, and its director, Mr Mark Spektor.
The ACCC is seeking interlocutory and permanent injunctions, alleging misleading and deceptive conduct in relation to Internet Name Group's marketing of domain name services.
The ACCC alleges that since approximately July 2000, Internet Name Group has made false or misleading representations regarding registration and renewal of Internet domain names. In particular, it is alleged that Internet Name Group has made and is continuing to make representations to various businesses to the effect that it:
- had a pre-existing relationship or prior dealing with them
- has the authority to register or renew a consumer's domain name and can provide the services of registration or renewal
- could register ".com.au" domain names on the Internet for periods of four, six, eight, or 10 years and that registration for periods over two years would involve savings
- has the sponsorship, approval, affiliation or authority that it does not have.
Among other things, the ACCC is seeking to restrain Internet Name Group from continuing to represent that it is necessary for Internet Name Group to have access to a "registry key" before a registration of a domain name can be renewed.
The ACCC will also be seeking orders including:
- declarations that the conduct of Internet Name Protection breached relevant provisions of the Trade Practices Act 1974
- injunctions restraining Internet Name Protection from engaging in the same conduct in the future
- corrective advertising
- an order requiring Internet Name Protection and Mr Spektor to undertake a trade practices compliance program
- refunds
- costs.
The claim for interlocutory relief is listed to be heard in the Federal Court, Melbourne on 26 April 2002 at 10.15 a.m.