What is a domain name?

A domain name is the textual address or Uniform Resource Locator (URL) of a particular website. Each site has a numerical IP address that distinguishes it from every other site in the web. However, this numerical locator may be difficult to remember (i.e. 74.148.243.145) which is why a textual, easier-to-recall, name has been assigned to it (i.e. andersensolutions.com).

Given the fact that domain names must be unique and correspond only to one specific IP address, a user needs to register his or her domain name with an approved registrar. Once this has been done, the user has exclusive rights to that particular name.

Can I register My Domain Name as a Trademark?

Domain names can be registered as trademarks. The US Patent and Trademark Office has specific procedures for how applications to register domains are to be handled - basically, one ignores the "top level domain" (.com, .net) and the server name (www., usually) and looks at the rest of the domain for likelihood of confusion with other marks. In this way, domains are treated somewhat like telephone number marks (where, for example, the "1-800" prefix is ignored).

What is the nature of the Domain Name disputes?

Domain name disputes arise largely from the practice of cybersquatting, which involves the pre-emptive registration of trademarks by third parties as domain names. Cybersquatters exploit the first-come, first-served nature of the domain name registration system to register names of trademarks, famous people or businesses with which they have no connection. Since registration of domain names is relatively simple and inexpensive - less than US$100 in most cases - cybersquatters often register hundreds of such names as domain names.

As the holders of these registrations, cybersquatters often then put the domain names up for auction, or offer them for sale directly to the company or person involved, at prices far beyond the cost of registration. Alternatively, they often keep the registration and use the good name of the person or business associated with that domain name to attract business for their own sites.

Other disputes over internet domain names involve trademark infringement. Most often, an owner of a Trademark finds out that someone has registered a domain name which is similar or identical to a registered or common law trademark, or which incorporates a mark into the domain name ("lucentsucks.com" was the subject of a lawsuit by Lucent Technologies, for example).

Why so many disputes?

There is no agreement within the Internet community that would allow organizations that register domain names to pre-screen the filing of potentially problematic names. The reasons vary, ranging from allowing easy registrations to stimulate business, to the practical difficulties involved in determining who holds the rights to a name, to the principle of freedom of expression. Furthermore, the increasing business value of domain names on the Internet has led to more cybersquatting, which results in more disputes and litigation between the cybersquatters and the businesses or individuals whose names have been registered in bad faith.

In the field of Domains, The Azem Firm, in partnership with The Domain Standard, provides a number of solutions namely:

• Conducting searches
• Securing registration of a domain name
• Attending to recording of Assignment, Merger, Change of Name or Address
• Maintenance of a domain once registered
• Renewal of a domain name
• Consultation on issues related to registration suitability, disputes, etc.
• Cease and Desist notifications to cybersquatters and trademark infringers.