Your Domain Name

A domain name helps people identify and find you and your stock photography company on the Internet. You're not required to have a domain name¾ people can reach you on the Web by using your Internet Protocol (IP) address (a string of eight characters). However, domain names are easier for people to remember than a string of numbers. To have an effective online presence and to use the Web for marketing, you must choose and register a domain name.

DOMAIN NAME REGISTRATION

The suffix ".com" was originally intended to be used by commercial entities, ".net" by network providers; and ".int" by organizations established by international treaties and databases. However, this plan has not been enforced. An applicant for a domain name with a ".com," ".net," or ".org" suffix is not required to prove that they belong to the class for which the suffix was originally intended.

In the United States, three additional gTLDs are available for certain types of organizations- ".gov" for federal government offices, ".edu" for educational institutions, and ".mil" for military organizations. Geographic suffixes are also available. These correspond to the internationally recognized country abbreviations—for example, ".uk" and ".fr " for the United Kingdom and France.

The Registration Process

Before you register a domain name, you must obtain an IP address from your Internet service provider (ISP). A searchable list of ISPs is available online at http://thelist.iworld.com.

You can register your domain name yourself. Each operational registrar has set up a registration Web site. To determine whether a particular domain name is available for registration, choose a registrar from ICANN’s > http://www.icann.org < list of approved and operational registrars. Go to your chosen registrar’s domain name registration site and follow the simple instructions for finding out whether the name you want is available.

The basic domain name registration rule is, "first come, first served."If you apply to register a name and it has not been registered as a domain name in the gTLD for which you want the name, you’ll generally get the name. However, you can lose your right to the domain name¾ even after you have started using it in your business¾ to someone with superior trademark rights in the name.

Most companies choose a domain name that is readily associated with the company’s name-an acronym or shortened version of the name-for example, "aol" for America Online. However, the fact that you have incorporated under a name does not automatically give you the right to get a domain name registration for that name¾ nor does the fact that you have been using the name. Someone else may already have registered the name as a domain name or may be using the name as a trademark.

Example: Delta Airlines uses the name Delta for airline services. Delta Faucet Company uses Delta for faucets. Delta Financial Corporation uses Delta for financial services. The three companies can all use Delta without causing consumer confusion, because they are in different markets. However, there can be only one delta.com, because a domain name must be unique.

If you know that you and another company have the same name or are using the same word as a trademark (legitimately, in different areas of business), consider using a variation of the word as your domain name. For example, Delta Airlines uses delta-air.com as its domain name. Delta Faucet Company uses deltafaucet.com.

The law protects common law and state-registered trademarks as well as federally registered trademarks. The law gives courts the power to order cancellation or transfer of the domain name registration and to award actual money damages and profits or statutory damages.

If you have not yet registered a domain name corresponding to your company name and your most important trademarks, consider doing so. You also may want to consider registering more than one domain name for your business. (Then, if a dispute arises on one name, you’ll have a backup name ready to use.)

J. Dianne Brinson is a copyright attorney specializing in intellectual property. She is author of "Internet Legal Forms For Business" ($24.95 plus $5 p&h), and "Internet Law and Business Handbook" ($44.95 plus $7 s&h). Anyone wishing to order the books may call 1 800 523-3721, or go to Dianne's website: www.laderapress.com. Her website includes a free primer on intellectual property law. Ladera Press, 27 Berenda Way, Portola Valley CA 94028. LaderaPress@aol.com.

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• Leigh v Warner Bros. 10 F.Supp 2d 1371, 1998
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