alan charlesworth . eu
about this book vertical black line choosing a domain name
choosing the right domain name: a marketing perspective
Go to the next section, return to the contents page or visit the book's webpage for additions and updates.

book cover: choosing the right domain name

CHAPTER 2

the legal aspects of domain names

Important note

I do not profess to be a legal expert. For full and accurate information on specific details of legal issues with regard to domain names you should contact a qualified lawyer/attorney. For this reason I've kept this chapter short - effectively pointing out those topics about which you should seek qualified legal advice.

2.01 DOMAIN NAMES YOU SHOULD NOT REGISTER

B efore registering any domain name for your business and/or organization you should perform due diligence on that name to check that it is not a registered trademark, patent or recognized brand. Of course, you might argue that 'owners' of such names should have already registered the relevant domain names - but perhaps they have registered only their country TLD and you are in a different region. What you don't want is a court case several years down the line when that organization diversifies into your country, or they finally get round to enforcing their trademark and you have to change your domain name on a site for which you have spent years developing its online brand.

In most cases a simple Google search on the term will be sufficient - but if big money is concerned, having qualified folk check the relevant legal registrations (eg patents) is advisable. And don't forget new trademarks are registered every day, so if you come up with a 'unique' domain name it will be worthwhile taking the necessary steps to secure it for the future.

DOMAIN NAMES IN PRACTICE :
calling the wrong [i]tune
In 2000 the domain name itunes.co.uk was registered by CyberBritain Holdings. This was some three years before Apple registered the itunes.com domain name and launched iTunes in the States (the UK campaign following a year later), but only a month before the iTunes trademark was registered. Early in 2005, Nominet responded to Apple's complaint and ruled that the name be transferred to Apple. It would seem that Nominet considered that the registering of the name was more than a lucky guess - though CyberBritian's offer to sell the domain to Napster, a competitor of Apple's iTunes service, and also that for a short time redirecting itunes.co.uk to napster.co.uk would seem to have had some bearing in the decision.


Go to the next section, return to the contents page or visit the book's webpage for additions and updates.

Copyright copyright 2009 Alan Charlesworth. All rights reserved.
International Standard Book Number: 978-1-4452-0538-0
No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without the prior permission of the author.
Notice
Every effort has been made to make this book as complete and as accurate as possible, but no warranty or fitness is implied. The information provided is on an 'as is' basis. No responsibility is assumed by the author for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in the material herein.

copyright Alan Charlesworth : you are welcome to use any of the content of this site - but if you do so, please reference it properly