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The following is a transcript of the orders made by Ryan J. in the Federal Court on 6 May 2002:
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
No. V 220 of 2002
BETWEEN:
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
and
INTERNET NAME PROTECTION PTY LTD (formerly known as OPEN YOUR MIND ADVERTISING PTY LTD) (trading as INTERNET NAME GROUP and formerly as INTERNET NAME
PROTECTION) ACN 087 441 450
First Respondent
MARK SPEKTOR
Second Respondent
MINUTES OF CONSENT ORDERS
JUDGE: The Honourable Justice Ryan
DATE OF ORDER: 6 May 2002
WHERE MADE: Melbourne
THE COURT ORDERS BY CONSENT THAT:
Upon the first respondent, by its counsel, undertaking that until the hearing and determination of the proceeding, or until further order:
(1) it will not in Australia or elsewhere, publish, distribute, or display material, by any means whatsoever (including electronic transmission and/or oral communications) in which it:
(a) represents that the letters "bz" in the domain name ".bz" means or refers to "business";
(b) represents that registration of a domain name in the ".bz" domain indicates the registration of a business;
(c) represents that it has a pre-existing relationship with a person, if in truth it does not, in particular, by stating that there is such a relationship or by describing its notices as "Renewal Advices" or by an invitation to "confirm" a renewal or by addressing its notices to "accounts payable". The notices it sends to those persons to whom it does not have a pre-existing relationship will include the statement: "You do not have to renew your domain name registration through ING" (such statement to appear in the body of the text (in the same size and font as that text) on the front page of the notices);
(d) represents that it has the authority itself, and itself can provide, the registration or renewal of a customer's domain name;
(c) represents that it is offering multiple free services, if in truth it is not;
(f) represents that it has a relationship with Melbourne IT that in truth it does not;
(g) represents that it can register ".com.au" domain names on the internet for a period of more than two years;
(h) represents that it is necessary for persons to have its assistance to obtain a registry key;
(i) represents that an application for pre-registration of one of the names ".biz" or ".info" must be made through it;
(j) represents that it is necessary to have access to a "registry key" before a domain name can be renewed, if in truth it is not;
(k) represents there are no statutory warranties as to merchantability or fitness for purpose applicable to services it provides, alternatively that clause 3 of the First Respondent's Terms and Conditions Applying to Pre-Registration of Domain Names is capable of avoiding the effect of sections 68 and 74 of the Trade Practices Act 1974 (Cth);
(2) any form it uses which bears the logo of Melbourne IT will be accompanied by a statement to the following effect: "This form will be submitted by us to Melbourne IT on your behalf", such statement to appear in the body of the text (in the same size and font as that text) on the front page of the notice which requests completion of the form;
(3) it will preserve all records required to supply the information referred to in paragraphs 2 and 3 of the Motion, Notice of which is dated 17 April 2002.
THE COURT ORDERS THAT:
1. The Motion, Notice of which is dated 17 April 2002, be otherwise dismissed.
2. Costs be reserved.
3. The Directions Hearing be adjourned to 24 May 2002.
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ACCC obtains injunction against ING