auDA, which has itself been the subject of harsh criticism, took Internet Registry to court over a mail out sent to domain name registrants two weeks ago which auDA claims was deceptive.
Chris Disspain, CEO of auDA, told ZDNet Australia he had no idea whether the mediation would be successful.
Internet Registry and its director, Paul Chesley Rafferty gave a series of undertakings to the Federal Court which included the preservation of all records until the determination of the final proceedings.
auDA is seeking a number of statements from the court, including declarations that the 'Net Register' mail out is misleading or deceptive in certain respects; declarations that Internet Registry has engaged in conduct which is misleading or deceptive in breach of the Trade Practices Act and, in breach of the Act, has falsely represented the need for services; declarations that Paul Chesley Rafferty was knowingly concerned in the breaches of the Trade Practices Act by Internet Registry; and an order directing Internet Registry to send a corrective mail out and file an Affidavit confirming that it has done so.
This court case is independent of legal action by NetRegistry claiming that their good will, trademarks and brands had been abused.
If mediation is unsuccessful, there will be a directions hearing on 8 November 2002.
