September 01, 2021

.AU Poses Both A Threat And An Opportunity

au Header no caps

Find out more about .AU in our recent webinar - WATCH HERE 

Last week it was announced by auDA (the Australian Registry), that the .au direct domain extension will launch on the 24th March 2022. 

This news is bittersweet for business and trade mark holders in Australia, as it poses both a significant threat and opportunity.

If you are unsure about second and third level domains, here is a quick guide:

  • Second level: lexsynergy.AU
  • Third level: lexsynergy.COM.AU, lexsynergy.NET.AU etc.

The Threat:

This change to .au is the equivalent of Australia changing their dialling code from +61 to +6, leading to customers ringing other businesses which they thought were you! Registering your name and trade mark in this new extension will help you to protect your brand online, as owning both the com.au and .au domain extensions will form part of a defensive domain registration strategy.

It will also avoid confusion with a third party should they register it before you, as there are instances where multiple businesses own the same domain, with different third-level domain extensions (you owning the com.au while a third party the net.au). This could lead to customer confusion and a very costly acquisition, if at all possible, should you ever wish to own this .au extension in the future.

The Opportunity:

It provides the opportunity to register a shorter domain, meaning instead of Lexsynergy.com.au (third-level domain) you will be able to register just Lexsynergy.au (second-level domain), meaning you own a domain that is more memorable, sharper and less of a mouthful.

This shorter domain will display well on business cards, emails, billboards etc. and will help provide additional characters in those all-important social media posts. 

What Is The Process:

The allocation of .au domains will be dependant on the pre determined eligibility criteria, evaluating whether you have an existing AU domain, third parties have matching domains and  the application creation date. Remember that you also need a local presence in order to be able to register for a .au domain. Find out how this will impact you using our flowchart below:

.AU Flowchart Final

So why does your brand need to register a .au domain?

If you have a presence in Australia, you need to register a .au domain to ensure that your brand is protected online, with it forming part of a defensive registration strategy.

So what’s next?

The launch process requires strategic planning to make sure you secure your .au domains at the first available opportunity, so reach out to us for assistance with developing a registration strategy, by emailing support@lexsynergy.com, or calling us on +61 73103304 (see our website for our other office numbers).

Or find out more by watching our free webinar - WATCH HERE

August 20, 2021

Where did the 'O' go?

5 Considerations Before Sending a Cease and Desist (8)

Cameroon is a west-central African country that has been blessed or cursed, depending on your view, with the country code CM, which is used as its domain extension .CM.

The .CM domain extension is confusingly similar to the world’s most popular extension .COM, and this confusion has made .CM a prime target for squatting activities.

Whilst undertaking our online enforcement activities we have noticed that .CM squatting is on the rise. This increase is fueled by Cameroon’s absence of a domain dispute resolution procedure and an effective trade mark enforcement program through the local courts. 


Squatters are aware of these shortcomings and know that most domain disputes will end with them receiving remuneration for their trade mark infringing activities.

We have come across a few well-known trade marks that have fallen into the .CM squatters trap:

.CM dennys example

Official Domain

.CM Squatter

Dennys.comDennys.cm
Tabao.comTabao.cm
Esteelauder.comEsteelauder.cm
Hersheys.comHersheys.cm
Primelocation.comPrimelocation.cm
Trademarkia.comTrademarkia.cm

 

Trademark law firms are not immune from the .CM threat as is apparent by the online trade mark law firm trademarkia.com who seemingly has been targeted by trademarkia.cm.

Therefore, even though you may not conduct business in Cameroon, the .CM domain extension should be included in any defensive domain strategy program. There is no need to register everything under the sun, but make sure that at least the .CM that matches your main .Com website is registered. The cost of managing a .CM domain is far lower than trying to recover it, and although we have recovered a fair number of .CM domains, it is always advisable to be proactive in this space.

If you would like to register a .CM domain, please email your account manager or support@lexsynergy.com

August 13, 2021

5 Considerations Before Sending a Cease and Desist

5 Considerations Before Sending a Cease and Desist (3)

As legally trained online brand protection specialists, Lexsynergy considers there to be no such thing as a standard cease and desist letter. Each letter should be carefully tailored to the specific facts of the case and should be guided by an extensive knowledge of the relevant law, as there is always the risk that an unjustified infringement letter can result in the sender being sued.
 
That is why brand owners, or their service providers, should draft cease and desist communications in such a way that avoids media fallout and adverse repercussions on social media.
 
At Lexsynergy, we consider ourselves to be expert online brand protection investigators, conducting detailed research to determine the best strategy for each case’s needs. To do this we undertake 5 key considerations before sending a cease and desist:
 
1) Who really is the infringer? Are communications addressed to the right person at the correct and valid email address/physical address?


2) Is the infringer likely to use the letter to their advantage and repost it to gain adverse media publicity or public sympathy?


3) When sending communications to the infringer do not send attachments, as an attachment from an unrecognised source could be considered as spam and get deleted.


4) Is a letter the most appropriate form of communication in this case? Is there another way to settle the matter? Would a telephone call be more appropriate?


5) Ensure that the tone of any communication is appropriate to the degree of harm caused by the claimed infringement.

If after undertaking these considerations, written communication is deemed appropriate, ensure that the recipient understands the issue and what steps they can take to avoid further escalation.

Need support with an online infringement case? Lexsynergy's Brand Protection team is on hand to determine the best course of action to remove any online infringement or recover a domain. For more information, get in touch with our team at brandprotection@lexsynergy.com.