Domain names — and other people's intellectual property

div align="center">domain name:
What is a domain name?• is not the same as a registered business
A domain name is the unique address that identifiesname in your state or territory (check with consumer
the location of a website on the internet. As you willaffairs in your state or search the National Names
have noticed, domain names can have a variety ofRegister Index at and
different endings which can refer to different types• is not the same as a registered company
of organisations - such as, .net.au, .edu.au, or .org.au,name (again, you can check the National Names
or to different registration localities, such as, .com.auIndex).
(Australia) or .co.uk (United Kingdom).The reason for this is that if you conduct a business
There are specific rules of registration for each typethrough your website then the law in your state or
of domain name ending. If these rules are satisfied,territory will require you to register the relevant
then domain names are allocated on a first come,business name — registering a domain name
first served basis.will not exempt you from this requirement. Also,
The holder of a licence to use a domain name isthese checks will alert you to whether any other
known as a registrant. The seller of a domain namebusiness is already trading under a business name
licence is known as a registrar.similar to your proposed domain name.
While registrars can issue domain name licences, theTrade marks and common law marks
cost of registration charged by each registrar variesThird, be careful that the proposed domain name
depending on the type of domain name being issueddoes not infringe an existing trade mark in Australia,
and the length of its registration period.or in overseas markets if you intend to trade
Domain names and trade marks — theoverseas. You can check the Australian trade mark
domain gives little protectionregister, ATMOSS, by viewing IP Australia's website
No-one has an automatic right to a domain name. It isat However, you need to be aware that not all
important to realise that there are different systemscommon law marks are registered as trade marks. If
for registering domain names and trade marks.you register a domain name that is similar to a
The rights arising from registering a domain name arecommon law mark, then the owner of that common
far more limited than those arising from registering alaw mark may be able to stop you from using that
trade mark. A domain name registration is a licencedomain name if it successfully establishes that your
that entitles you to have the exclusive right to usedomain name passes off its common law mark.
the domain name for the duration of the licenceThe ending
period. However, you cannot rely on domain nameFinally, consider which form of domain name ending is
registration to stop another business from using thebest suited for your business. For instance, if your
same or a similar name, or from registering a similarbusiness trades only in Australia, it may be preferable
domain name.to register a .com.au domain name. But if you trade
In contrast, a registered trade mark is personalinternationally, then it may be appropriate to consider
property and the registered owner has the exclusiveregistering a .com domain name. Ultimately, the choice
right:of domain name ending will depend on your particular
• to use the trade mark in relation to thebusiness and marketing needs.
goods and services to which relates, andCleardocs is an Australian provider of legal documents
• to prevent other traders from using tradefor SMSF creation, company registration, family trust
marks that are identical with or deceptively similar todeeds and more. Cleardocs provide an automated
the registered trade mark.online document creation process which is completely
Consequently, if you use a domain name that isonline and easy to use with documents ready within
identical with or similar to another person's registeredminutes.
trade mark, then you risk infringing the trade markReport this article
— particularly if the domain name relates toThis article is free for republishing
the same or similar goods or services.Source:
Choosing your domain nameRepublish this article
There are four steps you should consider as part of
the process of registering your domain name.Ask a Question About this Article
Availability of the domain name>> How do I go about purchasing my own
First, check the status of an existing domain name toweb page domain and hosting?
find out whether you can register it. Registered>> Do you think a puppy can help pick its own
business or company namesname? I ...
Second, you should also check that the proposed