| The Domain Name Game | | | | Internet Corporation for Assigned Names and |
| The Widgets Corporation decides to start a Web site | | | | Numbers (or "ICANN"), a non-profit corporation |
| and naturally wants to name it But much to the | | | | formed specifically to control Internet domain name |
| consternation of its management, it discovers there | | | | management and similar functions. |
| already is a Someone else has registered the "domain | | | | NSI continues to assign domain names, but now they |
| name" and Widgets is stuck. | | | | are just one of many domain name registrars. All of |
| It happens every day as the battle for the best | | | | these registrars assign names on a first-come, |
| domain names grows. But what in fact is a domain | | | | first-served basis, and do not do any checking before |
| name and what are the issues surrounding their use? | | | | assigning a new domain name. |
| Domain names are simply the addresses of the | | | | Because of the increasing popularity of the Internet, |
| Internet. Without the domain name, a computer | | | | companies have realized that having a domain name |
| would have no idea where to look for a Web page, | | | | that is the same as their company name or the |
| and e-mail routers would not be able to send e-mail. | | | | name of one of their products can be an extremely |
| Domain names are divided into hierarchies. The | | | | valuable part of establishing an Internet presence. |
| top-level of the hierarchy appears after the last dot | | | | When a company finds that the domain name |
| in the domain name. In "microsoft.com", the top level | | | | corresponding to their corporate name or product |
| domain name is .com. The .com name is the most | | | | trademark is owned by someone else, the company |
| common top-level domain name, and is used to | | | | can either choose a different name or fight to get |
| indicate that the domain name is owned by a | | | | the domain name back from its current owners. |
| commercial enterprise. | | | | When a dispute over a domain name occurs, the |
| The disputes that arise over domain names involve | | | | parties can always turn to the courts. While courts |
| "second level" domain names directly to the left of | | | | and judges have the authority to award control and |
| the top-level domain name. For instance, in the | | | | ownership over domain names, the judicial process is |
| address " the second-level domain name is | | | | notoriously slow. Consequently, many parties have |
| "Microsoft." | | | | avoided the courts and turned to the domain name |
| Two identical second-level domain names cannot | | | | dispute policies of the domain name registrars. |
| coexist under the same top-level domain. For | | | | In response to intense lobbying from trademark |
| example, even though both the Delta Faucet | | | | owners and famous individuals, Congress passed the |
| Company and Delta Airlines would like the "delta.com" | | | | Anticyber-squatting Consumer Protection Act in |
| domain name, only one Delta company can have | | | | November of 1999. This act made it easier for |
| Unfortunately for both Delta Faucet Company and | | | | individuals and companies to take over domain names |
| Delta Airlines, that Delta company is Delta Financial of | | | | that are confusingly similar to their names or valid |
| Woodbury, New York. Instead of using delta.com, | | | | trademarks. To do so, however, they must establish |
| Delta Airlines uses deltaairlines.com, while Delta Faucet | | | | that the domain name holder acted in bad faith. |
| Company uses | | | | One portion of this Act related to famous individuals. |
| In order to register a second-level domain name | | | | This portion allows individuals to file a civil action |
| under a top-level domain, a request must be made to | | | | against anyone who registers their name as a second |
| the organization that has the power to assign names | | | | level domain name for the purpose of selling the |
| for that top-level domain. Prior to December 1999, a | | | | domain name for a profit. |
| company called Network Solutions Inc. ("NSI") was | | | | The more general portion of the statute protects |
| almost solely responsible for the registration of | | | | companies against persons who, in bad faith, register |
| second level domain names for the most popular | | | | a domain name that is the same or confusingly similar |
| top-level domains, including .com, .net and .org. | | | | to an existing trademark. |
| As of December 1999, the ability to register.com, .net | | | | Submitted by - for help on all your hosting needs. |
| and .org domain names was spread out among many | | | | Article may be republished if this portion is not |
| registrars. These registrars are accredited by The | | | | removed. |