Domain Name Rule: What You Need To Know In Your Business Online
Law involving domain names occur during the making of trademark arguments, cyber-squatting and similar issues.
It is vital for any company to have an intelligent commercial plan regarding their trademarks and domain names.
Normally, a registration of a domain name is inexpensive and fast. The country is represented in the suffix of the Top Level Domain (TLD) such as .us or .uk.
There are two sub-categories within TLDs.
1. Examples of generic TLDs are .com, .net, .org, and .biz. These domain names do not require a unique appearance and do not need to reflect the geographic location.
2. Country Code TLDs are assigned by the domain registry of the appropriate country.
Disputes Regarding Domain Names: Domain name disputes can be addressed in two ways. They may be handled in court or they may be referred to the alternative dispute resolution procedure that ICANN has provided.
This organization has embraced the UDRP (Uniform Domain Name Dispute Resolution Policy) which covers generic TLD name arguments.
A few county code administrators have worked this method into their registration contracts.
Normally, the pressure lets up when the plaintiff receives the domain name.
To be granted relief at the UDRP, it is required to show three things:
First: The person or entity complaining must prove that the name is disruptively similar to the name in which the complainant has ownership.
Second: The fact that current holder does not have a legal right or interest in the domain name must be proven.
Third: It is necessary for the complainant to prove that the owner of the domain name has worked in bad faith.
An entity that holds a domain name may reject the case of the complainant if the complainant can show genuine use of the name. This may also be the case if non-commercial use without the intention to profit is proven. Additionally, proof that the respondent is well-known by the domain name would have this result.
Also recognized by UDRP is the phenomenon of 'Reverse Domain Name Hijacking'. This occurs when the plaintiff utilizes the policy fraudulently and tries to deprive the registered holder of a particular domain name.
The ccTLD is battling the domain name registry need for addition proofs prior to canceling or transferring a domain name.
The bottom line is that it is clearly not possible to register every domain name and every trademark one might feel needs protection as intellectual property. There are times when it is less expensive to buy the name from the 'offender' instead of going to court or UDRP.
We must recognize the difference between a trademark and a domain name. It is always wise for companies to register each and every one of their domain names as trademarks.
If they do not do so, a third party could register their domain name as a trademark.
Questions and Answers
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