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Monday, 28 November 2016

Legal rights to Internet domain names

Domain names are the crucial part of Internet addresses. In a short time, an Internet address may become more important than a street address or telephone number. Unlike other addresses, domain names may be expressed in alpha-numeric characters which mirror the name of the person or business.

The Internet Network Information Center (InterNIC) assigns domain names on a first-come, first-served basis. Within the United States, domain names end with identifiers which include:

.com (commercial institution or service provider)
.edu (educational institution)
.gov (government institution or agency)
.mil (military)
.net (network service provider)
.org (nonprofit organization)

Outside the United States, Internet domain names end with a two letter country code. For example, the domain name for the World Meteorological Organization in Geneva, Switzerland is "wmo.ch." The "ch stands for Cantons de Helvetia, or Switzerland.

On February 4, 1997, the now dissolved International Ad Hoc Committee (IAHC) posted its very technical final report recommending certain changes in the Internet Domain Name System, including a recommendation for the implementation of seven new generic Top Level Domains (gTLDs). As confirmed, the seven new gTLDs, along with their permitted uses, are as follows:

.firm (for businesses, or firms)
.shop (for businesses offering goods to purchase) (formerly ".store" in the initial recommendation)
.web (for entities emphasizing activities related to the World Wide Web)
.arts (for entities emphasizing cultural and entertainment activities)
.rec (for entities emphasizing recreation/entertainment activities)
.info (for entities providing information services)
.nom (for those wishing individual or personal nomenclature, i.e. a personal web site)

While many web-based companies are offering un-guaranteed "pre-registration" of domain names using the new suffixes, it is predicted that official registration activities will not begin until after February 15, 1998. Prices for registration will be determined individually by each specially selected registrar. For answers to frequently asked questions with respect to the new gTLDs, see http://www.gtld-mou.org/docs/faq.html. Although the IAHC was dissolved on May 1, 1997, the IAHC web site contains some interesting and valuable historical information and documentation.

Given the worldwide scope of the Internet, domain names are issued without regard to whatever trademark or trade name protection might exist under the laws of the United States. Domain names of well known companies can easily be pirated and held for ransom. I am reminded of the situation when the Oakland Raiders originally discussed a move to Los Angeles and an enterprising fellow unrelated to Al Davis incorporated a California corporation named Los Angeles Raiders, Inc. before Al Davis thought to do so.

The addition of the seven new gTLDs will afford those who are unable to register their desired name with a traditional suffix (e.g. ".com" or ".net") the ability to register their name with one of the new suffixes listed above, on a first come, first served basis, of course. Keep in mind, however, that existing trademark and other intellectual property rights will apply to names using the new gTLDs in the same manner as such rights are applied to domain names using the traditional gTLDs. This means that, if a particular name or word is trademarked by, or otherwise proprietary to, a certain entity, that entity may still have recourse against an unrelated entity which registers the name or word as a domain name using one of the new gTLDs. For a more complete discussion, see an interesting article placed on the web by the Faegre & Benson law firm.

One mitigating factor to domain name pirating is the sensitivity of HTML (the Internet computer language) to each and every character in a domain name so that nearly identical domain names can be distinguished on the Internet.

The bottom line is anyone with a legally protectable trade name should obtain an Internet domain name immediately. In choosing trade names in the future, one should search the Internet for conflicts and obtain a domain name early in the process.

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