Legalities of a Domain Name
A Web Hosting Article Contributed by Frances Rhea
Your Domain Name and Trademark
There is more in registering a domain name than you realize. Creating your own unique corner on the Internet can mean the difference between being a one page stop or a destination for tons of surfers.
Unique, creative domain names are going fast. In 1999, Network Solutions (only one of the many main registrars) had more than 5 million new domain name registrations. This is a 164% increase over what was registered in 1998.
Even though these domains are going fast, if you are alarmed because you have not registered your web site yet, you shouldn't be. There is still time to get a creative, marketable domain name but you must act quickly!
Domain Name Trademarks
If someone has registered your trademark as their domain name, the first thing you need to do is talk to a lawyer! You should not expect that you automatically have the rights to that particular domain name. This issue is a very grey area at the moment. Do not fire off angry letters to the owner threatening all sorts of retribution unless they hand over the domain name. It is important to get legal advice instead. Do not forget, InterNIC has a procedure for filing complaints. Use their services.
If you own a domain name that is a trademark of a large company, do not expect to sell it to them. If you approach a company with the intention of selling them the domain name that infringes on their trademark, you are admitting your guilt. It would mean that you registered the domain name for the express purpose of profiting from a trademark infringement. If this was done in error, it is better to wait until the company comes to you. If you know that a trademark belongs to a company it is better not to get involved at all. This can make you the target of a lawsuit.
Several years ago, when the domain name market was much smaller and companies were just tentatively starting out, it was possible to turn a quick profit by selling an unwary company its own domain name back. Now companies are much wiser. You are likely, though not certain, to lose any ensuing legal action. Don't waste your time and money, find a safer name to register.
Unknowingly Registering a Domain Name Trademark
If a company sends you a polite, insistent, or threatening letter claiming that your domain name infringes on their trademark, you should talk to a lawyer! You should not expect that you automatically have the rights to that particular domain name. Again, this issue is a very grey area at the moment. Do not fire off angry return letters to the company threatening them. It is important to get legal advice instead. Do not forget, InterNIC has a procedure for filing complaints. Use their services. That is what they are there for.
Conclusion of Domain Name Legalities
There is lots of information available on the Internet regarding domain names and disputes. Take advantage of the services of the large registrars since they have the experience needed to handle these matters.
