Domain names | Intellectual Property Law Firm - Patent and Trade Mark Attorneys - Research and Investigation
Domain names |
What is a Domain Name? |
| A domain name is an internet address consisting of a string of alphanumeric characters and dashes separated by periods (eg pof.com.au). Domain names can be registered in one of the generic top-level domains (gTLDs) such as .com, .net, .biz or .info or may be registered in one of the country code top level domains (ccTLDs) such as com.au or co.nz. The uses of a domain name that many people would be most familiar with are to operate a website (eg www.pof.com.au ) or email (eg melbourne@pof.com.au). Like a company or business name, a domain name licence is technically not intellectual property and there are no proprietary rights in a domain name licence. However, domain names can be closely tied to intellectual property rights. |
Who Can Register a Domain Name? |
| Domain names are generally allocated on a first-come, first-served basis to anyone that satisfies the eligibility criteria for the domain name. Some extensions have limited or no eligibility requirements (eg .com, .co.nz) whilst other extensions have more stringent eligibility requirements (eg .com.au). Domain names generally can be renewed perpetually provided that the Registrant continues to satisfy the eligibility criteria. The period of registration/renewal may vary from one extension to another (eg com.au domain names can only be registered/renewed for a period of two years whereas .com domain names can be registered/renewed for a period of between one and ten years). The eligibility requirements for com.au/net.au domain names are provided below in simple terms: NEXUS REQUIREMENT Registrant must be either a) a Registered Australian Commercial Entity (eg company, business name); or b) the owner of registered Australian trade mark/application (including non-Australian entities) AND CONNECTION REQUIREMENT The domain name must be either: a) an exact match, acronym or abbreviation of the registrant’s registered name/trade mark; or b) otherwise closely and substantially connected to the registrant. The most relevant examples of a “close and substantial” connection are where the domain name refers to either: a) a product that the registrant manufactures/sells; or b) a service that the registrant provides |
Domain Name Disputes |
| If you would like to obtain a domain name from a third party, there are a number of options available (particularly where you have rights in the name and the Registrant has acted in bad faith). The possible options available include utilising the relevant domain name dispute resolution policy (eg UDRP, auDRP), challenging on the basis of the Registrant’s non-compliance with relevant policy or contractual agreements, litigation and negotiation. |
