Copyright Concerns When Creating A Website
Domain Name Concern
Trademark Concern
Defamation
Linking & Framing Concern
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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.
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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.
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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.
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Obtaining a Domain Name.
If the name is available, a registration can be filed with
InterNIC using their
on-line registration form.
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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.
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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.
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