The Law Of Domain Names - Are You Doing Business Online?
Domain names can typically be registered quickly and inexpensively
. Top Level Domain(TLD) is that the suffix like .us or .uk or .fr-it denotes the country.
Inside TLDs there are 2 sub-categories
1. Generic TLDs like .com,.internet,.org,.biz. These domain names don't should be distinctive and do not indicate geographic origin.
2. Country Code TLDs that are administered by the domain registry of the relevant country.
Domain name disputes
Domain name disputes are resolved usually in one of 2 ways-either in court or by reference to the alternative dispute resolution procedure provided by ICANN.
This body has adopted the UDRP (Uniform Domain Name Dispute Resolution Policy) that apples to generic TLD name disputes.
Some country code directors have incorporated this procedure into their registration agreements.
This UDRP procedure has been terribly successful and has resolved several domain name disputes; however it does not offer for damages and so a company that wants immediate injunctive relief and damages will be suggested to go for court instead of the UDRP procedure.
Generally the relief provided is simply to possess the domain name transferred to the plaintiff.
To win relief at the UDRP you may need to point out 3 things
1. the complainant should show that the name is confusingly the same as the name in that the complainant has rights
2. the existing holder has no legitimate interest or rights within the domain name
3. the complainant must show unhealthy faith on the part of the holder of the domain name.
The holder of the domain name can reject the complainant's case if he could show real use of the name, non commercial use with no intention to profit, evidence that the respondent is thought by the domain name.
UDRP conjointly recognise the phenomenon of 'Reverse Domain Name Hijacking' that is that the occasion when the plaintiff uses the policy in bad religion in an try to deprive a registered holder of a website name of that name.
In ccTLD disputes the domain name registry need any proofs before they cancel or transfer a site name.
Conclusion
It's clearly not possible to register all domain names and trade marks which they will feel they need to guard their intellectual property.
Generally it's a lot of cost effective to buy the name from the 'offender' rather than head to court or UDRP.
It's necessary to recognise the distinction between trade marks and domain names and it's prudent for a company to register every of their domain names as a trade mark.
As a result of otherwise their domain name might be registered as a trade mark by a third party.