| Law involving domain names occur during the making | | | | First: The person or entity complaining must prove |
| of trademark arguments, cyber-squatting and similar | | | | that the name is disruptively similar to the name in |
| issues. It is vital for any company to have an | | | | which the complainant has ownership. |
| intelligent commercial plan regarding their trademarks | | | | Second: The fact that current holder does not have |
| and domain names. Normally, a registration of a | | | | a legal right or interest in the domain name must be |
| domain name is inexpensive and fast. The country is | | | | proven. |
| represented in the suffix of the Top Level Domain | | | | Third: It is necessary for the complainant to prove |
| (TLD) such as .us or.uk. | | | | that the owner of the domain name has worked in |
| There are two sub-categories within TLDs. | | | | bad faith. |
| 1. Examples of generic ones are .com, .net, .org, and | | | | An entity that holds a domain name may reject the |
| .biz. These domain names do not require a unique | | | | case of the complainant if the complainant can show |
| appearance and do not need to reflect the | | | | genuine use of the name. This may also be the case |
| geographic location. | | | | if non-commercial use without the intention to profit |
| 2. Country Code ones are assigned by the domain | | | | is proven. Additionally, proof that the respondent is |
| registry of the appropriate country. | | | | well-known by the domain name would have this |
| Disputes Regarding Domain Names: Domain name | | | | result. Also recognized by them is the phenomenon |
| disputes can be addressed in two ways. They may | | | | of 'Reverse Domain Name Hijacking'. This occurs |
| be handled in court or they may be referred to the | | | | when the plaintiff utilizes the policy fraudulently and |
| alternative dispute resolution procedure that ICANN | | | | tries to deprive the registered holder of a particular |
| has provided. | | | | domain name. The ccTLD is battling the domain name |
| This organization has embraced the UDRP (Uniform | | | | registry need for addition proofs prior to canceling or |
| Domain Name Dispute Resolution Policy) which covers | | | | transferring a domain name. |
| generic TLD name arguments. A few county code | | | | The bottom line is that it is clearly not possible to |
| administrators have worked this method into their | | | | register every domain name and every trademark |
| registration contracts. UDRP is a successful procedure | | | | one might feel needs protection as intellectual |
| by which many disputes have been resolved. | | | | property. There are times when it is less expensive |
| Nonetheless, it doesn't provide for damages. | | | | to buy the name from the 'offender' instead of going |
| Therefore, companies that need immediate relief via | | | | to court or UDRP. |
| injunction and damages sought, will be better off | | | | We must recognize the difference between a |
| taking the matter to court rather than attempting to | | | | trademark and a domain name. It is always wise for |
| utilize their procedure. Normally, the pressure lets up | | | | companies to register each and every one of their |
| when the plaintiff receives the domain name. | | | | domain names as trademarks. If they do not do so, |
| To be granted relief at the UDRP, it is required to | | | | a third party could register their domain name as a |
| show three things: | | | | trademark. |