Imt Custom Business

Archive for the ‘Register Domain Names’ Category

It’s almost to the point where it’s literally, a dime a dozen. Domain registrars are the companies that hold a database of domain names and the detailed information about the domains. For example:

“domainname.com” would have the following attributes in the database:

-website IP address (can be the registrar or a third party hosting company) -A records (friendly name, i.e. http://www.domainname.com) -MX records (email server address) -CNAME records (other friendly name, i.e. http://office.domainname.com) -SOA (start of authority) -domain owner (you) -domain administrator (could be different than owner)

When you purchase a domain name, the registrar will have you supply this information so that the new domain can be found on the Internet. Typically, it takes 24 hours or less for the domain name to be “live” once this information is provided.

All in all, it’s a fairly simple process to register a domain since most registrars make the process very easy to understand. Every registrar will provide a search feature that let’s you find a domain name and insure that it’s unique. If the name is already taken, they will likely suggest a list of similar names that are available.

So, who are the best registrars? Well, there are thousands of them and they all provide the same service, but there are a few that stand out.

Yahoo.com

* $5/yr. for each domain name (one of the cheapest) * very simple registration process * easy navigation * good options for hosting the website * a few limitations for mail routing

Register.com

* $29/yr. for each domain name * simple registration/easy navigation * lots of extra services that can be bundled (search ads, website templates, etc..)

WSMdomains.com (part of http://hosting.com)

* $15/yr. for each domain name * simple registration/easy navigation * very cool spf feature for reducing spam

So who’s the best? Well, they are all so very much the same that you really can’t go wrong with any of them. However, http://wsmdomains.com has every feature you will need and the spam reduction configuration is worth the extra $10/yr. over Yahoo.

This article points out some of the significant factors you should be thinking about when deciding whether to register a ‘.com’ or a ‘.co.nz’ domain name.

Initially the steps involved in choosing a domain name for your website seem to be a reasonably clear-cut process:

- brainstorm & choose a name that identifies your business or service offering

- make sure it’s available for purchase (i.e. not already taken by someone else)

- pay the fee required to register the domain

But it is not such a clear-cut process. In reality choosing the right domain name requires meticulous thought and consideration. Aside from the branding and Search Engine optimisation implications of selecting a memorable and keyword rich domain name, there are also various target audience and brand protection considerations to be made.

Firstly let’s take a quick look at the components that make up a domain name.

Domain name structure

By and large a domain name consists of two or more words separated by a period (dot). The last word (e.g. ‘.net) is called the ‘top-level domain’ (TLD), while the first word or (combination of words) is referred to as the ‘mid level domain’. For example, the website address www.examplebusiness.com has a ‘.com’ TLD, while the words ‘examplebusiness’ form the ‘mid level domain’. Taking this explanation further, you can also have country specific top level domains (referred to as ccTLDs) such as ‘.co.za’ or ‘.co.uk’.

Now that we have looked at the fundamentals of domain name structure, we can take a look at two of the key things you need to think about when deciding which variation/s of your chosen domain name you should register.

What should I think about when choosing between a ‘.com’ or a ‘.co.nz’?

Consideration 1 – Target audience location

Search Engines use the top level domain of a website (among other things) to help identify the audience the website is trying to reach. Therefore, if your business or website is targeting an audience predominantly located in Australia, then you really should register and use the ‘.com.au’ version of whatever domain name you choose. By using a country specific top level domain (ccTLD) such as ‘.com.au’ you are sending a strong signal to the Search Engines that your business or website is based in Australia, and therefore your website is more likely to appear in the search results when searched for by users located in Australia.

If on the other hand you wish to target several countries, then using a country code TLD is not the best option. Instead we suggest using a generic top level domain (gTLD) such as ‘.com’ or ‘.net’ that does not have any specific country/region associated with it.

Consideration 2 – Brand protection

Numerous companies overlook the importance of protecting their brand by failing to register the most popular TLD variations of their domain name. Once you’ve decided on the domain name you wish to register we recommend that you check to see if other variations of the domain are also available for purchase. For example, if you choose to register example-business.co.nz it would also be wise to check the availability of example-business.com. If you register multiple domain names you are taking practical steps toward protecting your brand and online identity from competitors who might register similar domain names to yours in an attempt to draw potential customers away from your website.

Note: Just because you are purchasing alternative versions of your domain doesn’t mean that you actually have to use them to promote your website – you can simply choose to redirect these versions to your chosen domain. That way, anyone who enters an alternative version of your domain into their browser would automatically be redirected to your website.

In summary, we recommend that if you are targeting an audience in a specific country, then it pays to make use of the country code TLD (ccTLD) of the target country. This will go a long way toward helping you to achieve better rankings in your preferred geographic location. Additionally, if you’re at all worried about protecting your brand online, we strongly suggest registering other TLD variations of your chosen domain.

We are often approached by trademark owners concerned that their competition has registered a domain name that is similar to their trademark and is using the same to divert customers away from their own businesses.  Here is what you need to know about the relationship between trademarks and domain names and what you can do to protect your trademarks from being used against you in competing domain names.

Registration of a Domain name is Not Trademark Use

As you are probably aware trademark rights generally attach to a trademark upon use of the mark in commerce.  Although there are other ways to reserve rights in a mark before it is in use, using the mark is generally a pre-requisite to securing rights therein.

Many people believe that the registration of a domain name in and of itself creates trademark rights.  Simply put, it does not.  Look at a domain name like a phone number.  It is merely an address on the world wide web where a web site may be located.  So the address by itself is just that – an address.  It is not a trademark.

Of note, this is not to say that domain name cannot become a trademark.  Amazon.com has one of the web’s most recognized trademarks.  But it is the name promoted on the pages of the web site Amazon.com which gives the owner trademark rights and not the URL amazon.com.

Cybersquatting

Although the registration of a domain name does not constitute trademark use per se, owning a valid trademark can preclude the subsequent registration of domain names that include or are similar to your trademarks.

There are two primary statutes or rules trademark holders can use to enforce their trademark rights against the subsequent registration of like domain names: (1) the Uniform Domain-Name Dispute-Resolution Policy (UDRP); and (2) the Anticybersquatting Consumer Protection Act (ACPA).

Both systems generally have the same requirements.  A complainant in a UDRP or ACPA proceeding generally must establish three elements to succeed:

1.  The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights at the time the disputed domain name is registered;

2.  The registrant does not have any rights or legitimate interests in the domain name; and

3.  The registrant registered the domain name and is using it in “bad faith.”

In regard to bad faith, considerations of whether the domain name was registered in bad faith include, but are not limited to:

a.  the registrant’s intent to divert customers from the mark owner’s online location that could harm the goodwill represented by the mark, for commercial gain or with the intent to tarnish or disparage the mark;

b.  the registrant’s offer to transfer, sell, or otherwise assign the domain name to the mark owner or a third party for financial gain, without having used the mark in a legitimate site;

c.  the registrant’s providing misleading false contact information when applying for registration of the domain name; and

d.  the registrant’s registration or acquisition of multiple domain names that are identical or confusingly similar to marks of others.

The UDRP and Its Remedies

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The UDRP applies to all .com, .biz, .info, .name, .net, and .org top-level domains (TLDs), and some country code top-level domains.

In short, if you register a domain name with one of these TLDs, you are subject to the policy.

Under the policy a registrant consents, in advance, to binding arbitration under the UDRP concerning disputes to the ownership of the domain name.  These disputes, which are handled by various authorized private arbitration companies throughout the world, allow for the quick and efficient resolution of UDRP claims.

Of note, the only remedy under a UDRP action for the prevailing party is to have the offending domain name transferred to their ownership.  There are no money damages.

One significant benefit to the system – speed.  From start-to-finish cases can often be completed in roughly 8 weeks.  In light of the current state of our court systems that is about as fast as you are going to get.

The ACPA and Its Remedies

The ACPA was enacted by Congress and signed into law to combat the rising incidences of cybersquatting in the U.S.  Unlike the UDRP which relies upon a relatively simple administrative proceeding, an allegation under the ACPA is generally set forth in a federal district lawsuit filed in a court of competent jurisdiction.

Unlike matters under a UDRP claim, speed is not one of the hallmarks of the federal district court system.  Due to the complexities of the issues involved as well as other actors a case filed under the ACPA in federal district court can take a year or more to reach trial.

However, the remedies under the ACPA are much broader than those under the UDRP.  Should a Plaintiff be successful, in addition to transfer of the disputed name the prevailing party may also be awarded monetary damages, costs, and attorneys’ fees.

Summary

So if you (1) have existing rights in a trademark and (2) someone thereafter registers a domain name similar to that mark (3) in bad faith you may be able to have the domain name transferred to you.  If you just want the domain name pursue the matter under the UDRP.  If you want more, a claim under the ACPA will be required.