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Domain Names

Definition: A domain name is a user-friendly address which enables the user to access a unique website via the Internet.

Domain names inevitably function as electronic brand names, enabling the remote purchase of goods or services and access to information. As the dot.com industry rapidly expands, the significance of domain names becomes of greater importance.

Generally speaking, the first to register a domain name has an exclusive and immediate ‘right’ to that name on the Internet. The registration procedures in many countries are unsophisticated and there can therefore be a direct clash with third party Trade Mark rights, whether deliberate or not.

Some individuals have registered well-known company names or Trade Marks as domain names and then sought payment for the transfer of those names to the companies or organisations more usually associated with them. There have been numerous reported instances throughout the world where proprietors of well-known brands have had to take action against such individuals or ‘cyber-squatters’.

We can assist in obtaining domain name registrations and renewals with the relevant authorities throughout the world.

A point to note: Domain name registration is NOT a substitute for Trade Mark registration. Companies may register domain names in many countries, but this only secures the identical domain name and will not protect a mark from cyber-squatters. Whereas a Trade Mark is an enforceable property right, a domain name is only an entry on a database.

We act for clients in domain name dispute proceedings conducted through the WIPO Arbitration Centre.