NSW How to acquire a parked URL

[Product_Dev]

Hi all,

I started an IT consulting business a while back that I never expected to go far enough to need a URL or website - Now things have taken a different path and I need to set it all up so I can send customers/prospects there.

Unfortunately, though, someone (a scaffolding business) has already parked the .com.au version of my business name URL - they are not using it and it redirects to their business website and it'ss totally unrelated to the name of the URL.

I have tried to make contact with them (the current owner), but after the initial conversation, I am just being screened. He asked me how much money I had and I told him I am a sole trader, so not much to which he kind of laughed at me.... fair enough.

My question is - Can he/they park a URL in Australia like this and not use it? I thought that part of acquiring a .com.au you need to state that it is related to what you do?

Is there a legal avenue I can pursue to acquire the URL if there is evidence that my business is related to the name and they are not using it?

 

[Rod]

Lodge an objection, start with auDA.

 

[Tim W]

My question is - Can he/they park a URL in Australia like this and not use it?

Short answer... yes.
There is no concept of a non-use application like there is in trademarks.

I thought that part of acquiring a .com.au you need to state that it is related to what you do?

Not in quite the way you mean.

Is there a legal avenue I can pursue to acquire the URL if there is evidence that my business is related to the name and they are not using it?

As in can you sue them, get an order, or somesuch? No.
Because, there is no concept of a non-use application in domain name management, and
if they are not using it in trade or commerce, then there is no question of, say, passing off.

You might, however, find a solution by disputing with auda their eligibility for renewal, or for continued registration.
Have a read this for where to start, and how you might frame your complaint.