With the further development of the Internet as a means of conducting commercial transactions, name recognition has become increasingly important. The companies have identified the companies which have their names identified with their domain names. Registration of domain names since always been on a first come, first serve basis. Before 1999, a company called Network Solutions Inc., was essentially the only company for the domain name. Since then, however, many registrars have the power to domain names, supplied by the Internet Corporation for Assigned Names and Numbers (or "ICANN").
ICANN is a non-profit organization organized exclusively for the administration of domain names and registrations. All registrars currently on a "first come, first serve basis on the importance of early registration.Disputes and conflicts develop, when there are two companies with similar names, the desire of the same domain name. Alternatively, there are many examples of people registering domain names, because they know that a company or person would like the name, and they seek a quick sale. If a company decides to register a domain name, the search must be done to ensure that no one else believes currently the name you want. If a company discovers that someone else owns the desired domain name, the company can either choose a different name, or decide to fight over the rights to the name.
There are several ways in which domain name disputes can be resolved. The traditional (and slowest) method is to access the court system. The courts, however, have the opportunity to determine the ownership of domain names and to cancel the operation or ownership of the name. Legal arguments that the judiciary traditionally focused on trademark law. Unless a risk of confusion can be demonstrated, it is difficult to get the ownership of the domain name changed. A confusion can be a challenge to show without a certain degree of notoriety. In response to the problems of the judiciary, Congress passed the Anti-cybersquatting Consumer Protection Act in November 1999. The law makes it easier for individuals or companies to provide information about a specific domain name, by a lower degree of confusion as if with a trademark infringement claim. The law requires that the challenging party to demonstrate that the party registration in bad faith acted. Adventitious registration will not be sufficient to invalidation or transfer of ownership of a domain name.
Because of the challenges faced in an attempt to invalidate ownership of domain names through the court proceedings, it is helpful and sometimes necessary in order for other procedures for settling disputes. The most commonly used alternative to court is the Uniform Domain Name Dispute Resolution Policy adopted by ICANN. See, http://www.icann.org/udrp/udrp.htm. This policy is currently being used by all accredited domain name registrars in the resolution of disputes, and any person or company to register a domain name dispute resolution procedure must be within the policy. The policy essentially allows a trademark owner to true ownership of the domain name by:
1. That the challenger has a trademark (either registered or not) the same or confusingly similar to the registered domain name;
2. That the party which holds the domain names registered has no legitimate right or interest in the domain name, and
3. That the domain name was registered and / or in bad faith.
The dispute settlement procedure is much less expensive than a conflict in the courts. The process takes place in an administrative procedure where a panel will hear both sides and determine whether or not the property of the domain name be transferred or canceled. All three points mentioned above are necessary for the owners of the domain name transferred or canceled. Failure to show one of the elements in the panel's refusal to invalidate the name. One of the advantages of the process in politics is that rebuttal arguments, and can be heard via email that the cost for the settlement of disputes. Unlike the court that ICANN's method is the most widespread and efficient means of determining ownership of domain names.If you fear a dispute in the future or just to protect yourself or your company you should:
* Register all valid and brands as soon as possible,
* Try to resolve any domain name conflict outside of a formal proceeding,
* Do not give up excessive monetary claims and
o Collect evidence to show that the challenger has a trademark (either registered or not) the same or confusingly similar to the registered domain name;
o that the party that registered the domain name has no legitimate right or interest in the domain name, and
o that the domain name was registered and / or in bad faith.
Name recognition is often the key to a successful marketing campaign, and only through the due diligence you can be sure that everything you can do to the value of your company. A qualified attorney can help to guide through the challenges faced in the Domain Name Dispute Resolution.
This article was written by Nicholas J. Deleault, Pierce Law Center'07. Nicholas writes select legal articles for the law firm Goldstien and Clegg, a Massachusetts company Cyberlaw.
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