Domain Name Registration - Dispute Settlements
A Web Hosting Article Contributed by Raj Rao
Legal Aspects of Domain Name Registration
Anybody who intends to use the Internet for displaying content or selling products and services requires to go through the Domain Name Registration process.
It is important to be aware of the legal implications of Domain Name Registration as it affects the business. The most common legal issue pertaining to Domain Name Registration is the infringement of Trade Marks owned by others.
The second type of legal issue arises out of improper control of the domain name by Web Hosting companies or Domain Name Registration service providers. In each of this case, there is a well established Domain Name Dispute Settlement Policy formulated by Internet Company for Assigne Names and Numbers (ICANN).
Dispute Resolution Process during and after Domain Name Registration
During the process of Domain Name Registration it is necessary to verify the Trade Marks registry (wherever available) to ensure that the domain name being registered does not infringe on any registered trade mark.
If you happen to notice a domain name registered by a third party that infringes on your own Trade Mark, it is necessary to immediately initiate the Uniform Domain Name Disputes Policy. Under this policy, you need serve a notice to the registrant of the disputed Domain Name, providing full details of the reason for the infringement, under copy to the Domain Name Disputes Settlement committee.
If after providing sufficient time for the registrant to respond to your notice, there is no action from his side, you can approach the Settlement Committee and file an official complaint.
As part of the Dispute Settlement policy, the committee shall provide ample opportunity to the registrant of the domain name to come forward with the reason for registering the domain name. In the absence of any representation, the committee is empowered to make ex-parte judgment.
Tips to Avoid Disputes in Domain Name Registration
Domain Name Registration is critical for the success of any Internet based business. Hence, it is necessary to avoid any disputes during and after the Domain Name Registration process.
First and foremost, it is essential to search for the brand names and trade marks owned by your competitors and compare them with the domain names that you intend to register. This should eliminate most of the legal issues.
Secondly, it is necessary to search for similar sounding names in the Trade Mark Registry (wherever available) to avoid any disputes in the future. This is not strictly required but is a recommended step in Domain Name Registration.
Thirdly, if you intend to use a domain name that is not related to your line of business or representative of the purpose of your domain name registration, it is recommended that you consult a Trade Mark lawyer to seek his opinion on the same.
Disputes arising out of Domain Name Registration can cause serious harm to the business and may even result in your closing down the online business. Hence, understanding the Domain Name Disputes Settlement Policy of ICANN is a must.
