Archive for Domain Names

[Post by Nathan Webb]

As Internet-based business ventures have exploded over time, the commerce in domain names has followed suit. Here are some issues you should consider when purchasing or selling a domain name:

1)     Sale v. The Legal Route: Confirm you do not have a right to the domain name being offered for sale. Often, cyber-squatters register domain names that are either typo-variations of trademarks, or in some cases, exact matches to a trademark, in an effort to ransom off the domain name to the trademark holder. If this is the case in your instance, consider talking to counsel to determine if you can initiate a legal action to compel the seller to turn the domain name to you (e.g., under the Anticybersquatting Consumer Protection Act or Uniform Dispute Resolution Policy)

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[Post by Venkat Balausbramani]

Beginning in September 2011, new “.xxx” top-level domain names will become available – this means that someone could register “coke.xxx” or “xerox.xxx.”  While the “.xxx” domains will be available for use solely to businesses in the adult entertainment industry, non-adult companies will have the opportunity to protect their brands in advance through a registration process that will secure the .xxx domains that match their brand (end users who go to the domain will receive a message that the brand has blocked the domain).

With respect to companies that do not operate in the adult industry, the registry is dealing with registrations in two stages: (1) first, there will be a pre-registration “sunrise” period when owners of registered trademarks can block matching domains, and then (2) there will be a normal registration period, operated on a first-come, first-served basis. In both instances, registration will be available through accredited registrars and resellers, who will each determine the cost of registration.  An overview of the registration periods can be found here.

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