Internet Domain Names
This section provides answers to the general questions concerning Internet domain names. Anyone seeking further details concerning the legal aspects of filing or defending a domain name complaint are advised to consult us.
What is a domain name?
What is the domain name system (DNS)?
What is a gTLD?
What is a ccTLD?
What is the nature of domain name disputes?
Why so many disputes?
Brands and the Internet
Are brands protected on the Internet?
I have a copyright or a registered trademark, am I also entitled to the domain name now?
Does Pretection also 'deal' with mp3?
Am I allowed to advertise third-party products on the Internet?
I am using the name of a competitor in a 'metatag', is this allowed?
Can I register any domain name I want?
I am bearer of a copyright / trademark and a third-party has registered the domain name, what should I do?
Do I need to obtain a copyright in order to use a copyright notice (©)?
What will be the consequences of the new extensions?
What is a domain name?
Domain names are the human-friendly forms of Internet addresses, and are commonly used to find web sites. For example, the domain name pretection.com is used to locate the Pretection web site at http://www.pretection.com. A domain name also forms the basis of other methods or applications on the Internet, such as file transfer (ftp)or email addresses - for example the email address info@pretection.com is also based on the domain name pretection.com.
Top
What is the domain name system (DNS)?
The domain name system is essentially a global addressing system. It is the way that domain names are located and translated into Internet Protocol (IP) addresses, and vice versa. A domain name such as pretection.com is a unique alias for an IP address (a number), which is an actual physical point on the Internet.
Top
What is a gTLD?
A gTLD is a generic top level domain. It is the top-level domain of an Internet address, for example: .com, .net and .org. In addition, seven new gTLDs were also selected by ICANN (the Internet Corporation for Assigned Names and Numbers) on November 16, 2000. These are: .aero (for the entire aviation community); .biz (for business purposes); .coop (for cooperatives); .info (unrestricted); .museum (for museums); .name (for personal names); .pro (for professionals).
Top
What is a ccTLD?
A ccTLD is a country code top-level domain, for example: .mx for Mexico. These ccTLDs are administered independently by nationally designated registration authorities. There are currently 243 ccTLDs reflected in the database of the Internet Assigned Numbers Authority (IANA). WIPO, which has a ccTLD Program, has launched a database portal, facilitating online searches for information related to country code top level domains.
Top
What is the nature of domain name disputes?
While designed to serve the function of enabling users to locate computers (and people) in an easy manner, domain names have acquired a further significance as business identifiers and, as such, have come into conflict with the system of business identifiers that existed before the arrival of the Internet and that are protected by intellectual property rights.
Domain name disputes arise largely from the practice of cybersquatting, which involves the pre-emptive registration of trademarks by third parties as domain names. Cybersquatters exploit the first-come, first-served nature of the domain name registration system to register names of trademarks, famous people or businesses with which they have no connection. Since registration of domain names is relatively simple, cybersquatters can register numerous examples of such names as domain names. As the holders of these registrations, cybersquatters often then put the domain names up for auction, or offer them for sale directly to the company or person involved, at prices far beyond the cost of registration. Alternatively, they can keep the registration and use the name of the person or business associated with that domain name to attract business for their own sites.
Domain name disputes in the seven new gTLDs are also subject to the Uniform Domain Name Dispute Resolution Policy (UDRP). In addition, most of these new registry operators have developed, or are in the process of developing, specific dispute resolution policies designed to resolve disputes occurring during a start-up, or "sunrise" phase. The World Intellectual Propetrty Organisation (WIPO) currently administers challenges under these start-up phases for both .info and .biz. Registries that are restricted to certain purposes will also provide special proceedings to resolve disputes concerning compliance with their respective registration restrictions.
Top
Why so many disputes?
There is no agreement within the Internet community that would allow organizations that register domain names to pre-screen the filing of potentially problematic names. The reasons vary, ranging from allowing easy registrations to stimulate business, to the practical difficulties involved in determining who holds the rights to a name, to the principle of freedom of expression. Furthermore, the increasing business value of domain names on the Internet has led to more cybersquatting, which results in more disputes and litigation between the cybersquatters and the businesses or individuals whose names have been registered in bad faith.
Top
Are brands protected on the Internet?
Yes, the rule of copyright- and trademark law also extends to the Internet. Where these laws can be invoked, is another issue however.
Top
I have a copyright or a registered trademark, am I also entitled to the domain name now?
There is no clear answer to this question. However, the times of domain grabbing and cyber-squatting are now mostly over. If a third-party has registered a domain name with the clear intent of reselling it, you stand a good chance of proving your right.
Top
Does Pretection also 'deal' with mp3?
No, Pretection does not currently offer any services regarding the use or abuse of mp3 or similar digital media. Pretection does, however, monitor news items regarding this subject, but given the scale and difficulties of detecting possible infringement, mp3 is not considered a priority at this moment.
Top
Am I allowed to advertise third-party products on the Internet?
Yes you are, Of course, you would have to be a/the supplier of the brand in question. Make sure that you respect advertising regulations. When advertising cigarettes for example, the surgeon general's warning must be displayed.
Top
I am using the name of a competitor in a 'metatag', is this allowed?
No, placing a competitor's brand name in the metatag with the sole intention to attract visitors to your website is prohibited. Diverting visitors from another website is called "Site Traffic Diversion".
Top
Can I register any domain name I want?
No, not every domain name can be registered: Reserved and blocked domain names are excluded from registration. Please note that this holds only for .NL domains. Other rules apply for the .COM domain names.
Top
I am bearer of a copyright / trademark and a third-party has registered the domain name, what should I do?
Contact your attorney/solicitor.
Top
Do I need to obtain a copyright in order to use a copyright notice (©)?
No, a copyright is created ipso jure. However, since the laws governing copyright, are different in each country, it's recommended - for additional security - to display a copyright notice.
Top
What will be the consequences of the new extensions .biz .name .info etc.?
One of the consequences is that it will be increasingly difficult to secure your domain. Also, all the new possible domain names will have to be checked. In this case Pretection is an excellent choice for optimal protection.
Top
©Copyright Pretection B.V.