White SW Computer Law
Intellectual Property, Information Technology & Telecommunications Lawyers
Melbourne Office - PO Box 452, COLLINS STREET WEST Victoria 8007 Australia
Sydney Office - GPO Box 2506, SYDNEY New South Wales 2001 Australia
Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600
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Email: wcl@computerlaw.com.au Internet: http://www.computerlaw.com.au

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nlfeb98 [2011/10/28 17:48]
steve [First in, first served - Domain Name Allocation]
nlfeb98 [2017/07/30 18:03] (current)
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 ====== White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - February 1998 ====== ====== White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - February 1998 ======
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 ===== The importance of reliance in misleading and deceptive conduct cases ===== ===== The importance of reliance in misleading and deceptive conduct cases =====
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 In the matter of [[case_links#​The Builders Warehouse Group Ltd t/as Campbells Hardware and Timber v Multinail Australia Pty Ltd|The Builders Warehouse Group Ltd t/as Campbells Hardware and Timber v Multinail Australia Pty Ltd]], Multinail was contracted by Campbells to supply nail plates and connectors, computer hardware and software and training in relation to the manufacture of timber roof trusses for a fixed period. ​ In the matter of [[case_links#​The Builders Warehouse Group Ltd t/as Campbells Hardware and Timber v Multinail Australia Pty Ltd|The Builders Warehouse Group Ltd t/as Campbells Hardware and Timber v Multinail Australia Pty Ltd]], Multinail was contracted by Campbells to supply nail plates and connectors, computer hardware and software and training in relation to the manufacture of timber roof trusses for a fixed period. ​
  
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 This case emphases the need for actual reliance upon the misrepresentation in order to be successful in such a claim. This case emphases the need for actual reliance upon the misrepresentation in order to be successful in such a claim.
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 ===== First in, first served - Domain Name Allocation ​ ===== ===== First in, first served - Domain Name Allocation ​ =====
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 The allocation of domain names around the world tends to be on a first come, first served basis. It is possible that there will be more than one business or individual interested in owning certain easy to remember domain names. ​ The allocation of domain names around the world tends to be on a first come, first served basis. It is possible that there will be more than one business or individual interested in owning certain easy to remember domain names. ​
  
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 Without a pre-existing registered trade mark and/or substantial market recognition of your company or business name it may be very difficult to have a domain name reallocated to you should another party register it before you do. Without a pre-existing registered trade mark and/or substantial market recognition of your company or business name it may be very difficult to have a domain name reallocated to you should another party register it before you do.
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 ===== Anton Piller Orders ===== ===== Anton Piller Orders =====
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 When a party to litigation can show a strong case that there is a real possibility that an opposing party may destroy material in its possession to hinder a claim being successfully being made against it, an application may be made to the Court, without notice to the other party, for an Anton Piller Order to be issued. ​ When a party to litigation can show a strong case that there is a real possibility that an opposing party may destroy material in its possession to hinder a claim being successfully being made against it, an application may be made to the Court, without notice to the other party, for an Anton Piller Order to be issued. ​
  
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 The Court ordered, amongst other things, that although the Anton Piller Order should be discharged, due to the nature of the terms of the order, IR and the other three defendants, all ex-employees of IRB, should deliver up to IRB all copies of materials owned by IRB, and that IR be restrained from soliciting or taking work, until trial or further order, from any client or former client of IRB in respect of whom IR had possession of copies of the relevant IRB records. The Court ordered, amongst other things, that although the Anton Piller Order should be discharged, due to the nature of the terms of the order, IR and the other three defendants, all ex-employees of IRB, should deliver up to IRB all copies of materials owned by IRB, and that IR be restrained from soliciting or taking work, until trial or further order, from any client or former client of IRB in respect of whom IR had possession of copies of the relevant IRB records.
  
-If somebody arrives at your doorstep to execute an Anton Piller order it is your right to have, and very important that you seek, legal advice immediately.//​**+**//If somebody arrives at your doorstep to execute an Anton Piller order it is your right to have, and very important that you seek, legal advice immediately.//​**
  

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