Domain names are the internet addresses that comprise two or more components with hierarchical divisions. To acquire a domain name, a person has to make an application to the registrar of domains. Some organizations dealing with domain registration facilitate the process of acquiring domains for those that require them. [1] Acquiring domain names requires proper observation of the relevant domain registration rules. For instance, people have to visit the domain registration companies and purchase the domains on a first-come, first-served basis. Therefore, those clients who make their payments first have their domains processed early. [2]
There are many organizations responsible for the processing of domain names. These organizations act as the registrars of the domain names and they have different divisions. For instance, ICANN (Internet Corporation for Assigned Names and Numbers) controls the generic names. In addition, the national authorities in different countries give domain names that are specific to that country.
The registrars that award the domain names always maintain that the first person to make an application and pay the required fee becomes the first to acquire the domain. There are certain relationships between trademarks and domain names. Both the trademarks and the domain names can coexist within a single domain. In such cases, the trademark appears at the second level part of the domain, which is to the left of the dot. In addition, the two can have disputes relating to ownership. [3]
In the registration of trademarks, the person that makes a trademark open or uses the trademark first is the one that achieves its possession. If the trademark is not in use, then the first person that makes an application to obtain a trademark acquires the opportunity for trademark registration. On the other hand, in the registration of domain names, the domains must have abbreviations that describe the top-level domain or identifier. The domains also consist of the business names that are mandatory for registration. [4]
Cybersquatting entails the act of cataloging domain names or logos of other people to benefit from them. In most instances, the person registering the trademarks or domains uses them with the motive of selling them to the rightful owner. In other cases, the aim is to prevent the rightful owner from receiving the domain name. Therefore, the main issue in cybersquatting is that the registrars use the domains for their benefit as opposed to the person who buys them for personal or business use. [5]
Some disputes come into play when issuing a domain name that includes another’s trademark. Litigation is the best measure to enhance effective resolving of such disputes. The application of Litigation is through the general law about the adoption and usage of logos. In most cases, the disputes resolved through litigation measures emerge from the registration of domain names for unlawful purposes. The illegal functions include redirecting traffic to one’s website and advertising. Resolving such cases is also possible through negotiation of the purchased domain name by the complainant or advocate-for court proceedings that can enhance infringement. One can also make use of the dispute resolution procedures set by the supplier of a given domain name. [6]
- Dorothy DuPlessis et al., Canadian Business and the Law (Fourth Edition. Toronto: Nelson College Indigenous, 2010),
- DuPlessis et al., Canadian Business, 360.
- DuPlessis et al., Canadian Business, 359.
- DuPlessis et al., Canadian Business, 363.
- DuPlessis et al., Canadian Business, 359.
- DuPlessis et al., Canadian Business, 359.
Bibliography
DuPlessis, Dorothy, Enman Steven, O’Byrne Shannon and Gunz Sallly. Canadian Business and the Law, Fourth Edition. Toronto: Nelson College Indigenous, 2010.