Domain name infringement can take several forms, including trademark problems, cyber-squatting, and other issues. Businesses need to devise a strategy concerning their trademarks and domain names. Domain name registration is cheap and fast. The TDL (Top Level Domain) is found at the end of the address (.us or .uk or .fr-it and so forth.) This denotes the hosting country. There are 2 sub-categories of TLDs. First, there are generic TLDs such as .biz, .net, .org, and .com. These domains don’t have to stand out and aren’t location-sensitive.

Domain Name Disputes Two methods have been utilized to settle disputes over domain names — 1) legal action or 2) by reference to the alternative dispute resolution procedure provided by ICANN. The UDRP (Uniform Domain Name Dispute Resolution Policy) has been put into place by this organization and it applies to generic TLD name disputes.

Several country code administrators have included this process in their registration contacts. Although the UDRP procedure has been extremely successful in resolving a number of disputes over domain names, it does not provide for damages. Therefore, if a company requires immediate injunctive relief and damages, it should utilize the court system rather than the UDRP procedure.

Typically the relief given is just to have the domain name given to the plaintiff. To be granted compensation at the UDRP it is necessary to have these three things. 1. The complainant is required to show the names can be confused with the domain the complainant owns. 2. The current holder does not have any real interest or rights to the domain name 3. It’s necessary for the complainant to prove that the holder of the domain name acted in bad faith.

If the holder of the domain name can show legitimate use of the name, non-commercial utilization with no intent to profit, or proof that the entity is known by the domain name, the domain holder can reject the complainant’s case. The process of ‚Reverse Domain Name Hijacking‘ is also recognized by UDRP. This is when a plaintiff utilizes the policy under false pretenses to deprive a registered holder of that particular domain name. In ccTLD argues the domain name registry need additional proofs prior to canceling or transferring a domain name. Summary Obviously, it is not possible to register all domain names and trademarks that an entity may feel that it needs in order to protect its intellectual property. Occasionally, it’s less expensive to buy the name from the „offender“ instead of going to the court or UDRP.

We must recognize the difference between a trademark and a domain name. It is always wise for companies to register each and every one of their domain names as trademarks. If they do not do so, a third party could register their domain name as a trademark.

Stephen Grisham, Sr. is a professional writer for InfoServe Media, LLC. If you are looking for web design in Houston, or if you just need a few changes to an existing site, InfoServe Media also offers website maintenance.