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Domain Names

Domain names are integral in order to give proper identity to an entity or entities. When picking a domain name the first thing to consider is the availability of the name. To date there are already a great amount of domain name infringement cases. From a marketing point of view the amount of available domain names have greatly depleted. This being the result of many companies having already taken several domain names under their wing. To name an example we have www.3m.com and www.mmm.com both of which are owned by one company. These variations are done to ensure that the said companies are protected against infringement.

Domain Name Relevance

As aforementioned domain names give identity to an entity therefore when registering for a name, one must put into consideration the nature of business or personality of the domain. Relevance must exist between the entity and its chosen identity partnered with a justifiable basis for the name selection.

Domain Name Justification

Naming domains can be comparative to that of naming a newborn, for instance a child could be named after a person whom the parents are endeared to, or because of characteristics that the child exhibits or characteristics the mother herself exhibited during the pregnancy, hence a child named Cherry could have gotten her name because she has red hair, cherry lips, her mother loved eating cherries, her parents doted on a person who owned cherry trees. The list of possibilities is endless. In a business setting this would mean the name revolves around its products, services, target market anything that could possibly be linked to the trade. Such is the reason for the term Trademarks or corporate names. Simply put when picking a name you choose something synonymous to the thing or something that best depicts what it is or what it is about.

Name Registration

Upon deciding the trade genre, make a list of as many names possible. Word play at this point will offer unique options, remember that a lot if names are already registered so bust out the Garfield Thesaurus and start mixing and matching. Once done with your list, pick out a domain name registrar and do a search of the availability of the names on your list.

Availability vs. Unavailability

Obviously one domain name on the list will stand out and be favored the most, conduct a search if the name is available then thank the lucky stars! All there is left you to do is fill up the registry form and press send. What if, upon searching; the registry shows that the domain name is already taken but the domain is seemingly dormant? Assuming that this name is the one that you really, really, really want and think is the most suitable for your trade there is a possible option to this minor dilemma. First check for details of the current domain owner, contact this person and politely inquire about their registered domain. Note that there are some domain owners who are just lethargic with the site construction or content and may not be opting to sell. In some cases of dormancy there are possibilities that this person would be more than happy to sell you the domain name. Before busting out a celebratory dance move however, first ascertain to yourself that it may or may not be sold at its original price. It is not surprising that some folks will engage in the buying & selling of domain names. Before purchasing makes sure to verify any ownership rights the seller has over the domain name. Infringement after all is not the only legal battles fought over the internet, fraud is another issue.

Internet Corporation for Assigned Names and Number

The Internet Corporation for Assigned Names and Number or ICANN is a non profit association that governs over same – name or copycat issues. The organization was initially created to oversee internet related tasks done in behalf of the US government.

Understanding ICANN regulations

Choosing domain names similar to existing and even popular trademarks would lead to legal confrontations. Intentionally choosing a similar domain name would cause you the loss of yours especially if it is evident that visitor confusion was the intention.

For example we have a Mr. Sam Sung a Hong Kong jeweler, who wants to register his domain name as Samsung.com obviously conflicting with the existence of Samsung.com which is known for manufacturing consumer electronics. Mr. Sung will be given the right to register as such only if he has no intention of confusing the Samsung electronics consumers, meaning his site will NOT, in anyway feature any electronics. Which for the matter is fine as Samsung.com.hk will be a domain registered for custom made jewelries, and accessories. ICANN allows the use of a persons name as a domain name even if it is similar to an existing one as long as the provisions regarding it are met.

ICANN also governs that the loss of domain names may occur as well for the following reasons: the intention to sell the domain name to a competitor for economic gains, or any business whatsoever under the said name was never conducted.

Coexistence

Domain names are allowed to coexist if the name clearly states their difference or their identity. The existence of “mario.plumbing” and “mario.pizza” is allowable as both clearly state their purposes. Hence their trademarks are obviously different from the other.

On a last note buy the top 3 domain levels: .com, .net, .co.au (.ph, .kr, .uk, .nz or whatever country you wish) this is to ensure that nobody else will take advantage of the opportunity. Buy all possible misspellings of your domain name as well as you are giving others the opportunity to infringe your domain name. Because time and money have already been shelled out in order to build this enterprise, it is essential that a considerable amount of effort be put in to choosing a domain name that is distinctive and non-infringing.

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