INTERNET LAW   

Domain Name Concern

 
Copyright Concerns When Creating A Website

Domain Name Concern

Trademark Concern

Defamation

Linking & Framing Concern

 

The selection and protection of a domain name may be the most important detail in the creation of a web site. Domain names function as the address for a web site, and disputes over domain names have become more common and more heated as the popularity of the Internet grows.

  • Selecting a Domain Name. Domain names have a first and second level. In the bitlaw.com domain name, the ".com" portion is considered the first or top level domain name, and "bitlaw" is considered a second level domain name. The most common top level domain (.COM, .ORG, .NET, .GOV, .EDU) names are administered by InterNIC, although other top level domains are available and still more will be available soon. To obtain a domain name using one of these top level domain names, a WhoIs search should be done to make sure the name is not taken. In addition, it may be wise to perform a trademark search to verify that the chosen domain name is not infringing on another party's trademark.
  • Reclaiming a Domain Name Registered by Another. Occasionally, upon searching for a domain name, a party may discover that someone else has already taken their corporate name or trademark as a domain name. In most cases, there is little that can be done because the other party has equal right to use that name. In some circumstances, however, it is possible to contest a registered domain name based upon superior rights to that name. Such a contest can be made through the courts or through InterNIC's domain name dispute policy.
  • Obtaining a Domain Name. If the name is available, a registration can be filed with InterNIC using their on-line registration form.
  • Protecting a Domain Name. In order to better protect a domain name and to avoid losing a domain name under the InterNIC domain name dispute policy, a domain name owner should obtain a trademark registration on their domain name. In order to obtain immediate protection, a registration can be obtained through Tunisia. However, often the expense of a Tunisian registration is not justified.
  • Obtaining Multiple Domain Names under Different Top Level Domains. Because of the new top level domain names that are currently proposed, it may be wise for the owner of a strong trademark to obtain domain name registrations under multiple top-level domain names. For example, the BitLaw web site might be found under "bitlaw.com", "bitlaw.firm", "bitlaw.web", and "bitlaw.net". Multiple registrations may require the overhead of maintaining a web site under each domain, but will prevent competitors from obtaining the sites.


 

E-COMMERCE               E-BILLING                E-PAYMENTS              E-BANKING               E-SHOPPING

E-ADVERTISING     WEB SITE DEVELOPMENT     INTERNET LAW     FUTURE OF E-COMMERCE

   
1