domain names
The internet is an increasingly important, arguably essential, aspect of any business. A domain name is the means by which a business is identified on the internet. It is through the use of a domain name that consumers can access information about a business online.
Accordingly, a domain name will ordinarily incorporate the trade name of a business, or will be an abbreviation or acronym of that name. A domain name must be registered with an accredited registrar.
It should be noted that the mere fact that a trade mark exists in a particular name will not necessarily entitle use of that trade mark as a domain name (because there may be a pre-existing domain name of the same appearance).
However, recourse may be available if, for example, it is suspected and demonstrated that a domain name is used to pass off goods as yours, or if a domain name has been registered maliciously in order to be sold back to you.
If trade mark registration is sought, it may make commercial sense to seek registration as a domain name also, in order to maximise the protection of a brand.
domain name advice and services
palmer biggs legal offers specialist advice and services to clients in relation to a range of issues concerning domain names including;
- domain name recovery service for brand owners
- legal support services for Registrars / ISPs
- domain name registration and portfolio management
trademark/copyright infringement online
Further issues can arise in relation to the responsibility of Internet Service Providers (ISPs) in relation to the content of websites accessed by their subscribers. This may give rise to issues relating to trade mark or copyright infringement by online content. Furthermore, issues may also arise in relation to, for example, defamation and privacy.
Subject to exception, generally an ISP will be immune from liability under the Electronic Commerce (EC Directive) Regulations 2002 where it acts as a ‘mere conduit’ of material, ‘caches’ the material or ‘hosts’ the material.
advice for ISPs and internet users
palmer biggs legal can advise with strategy options to internet users and ISPs alike in relation to a range of issues including ISP liability for offending material posted on the internet. Similarly, assistance can be offered to website providers as to the avoidance of liability under the Regulations and the common law.
If you require further information please contact us.
UDRP dispute Panellist gTLDs (.com / .net / .org etc) Czech Arbitration Court
Co-author of the legal 'bible' on domain names "Domain Name Law & Practice: An International Handbook"
