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Copyright of domain name

Filed Under Companies, Domains 

In the conventional business world, two companies may have the same name if they do not conduct a similar business or do not have similar product lines. Both the companies having same name but different line of business can coexist comfortably. However, in the world of internet and web, same name for two different cannot own the same domain name.

One puts a lot of money and energy into building a business and if one is forced to give up the domain name; the business is likely to suffer due to it. So, you need to put your best efforts in choosing a domain name that is both distinctive and non-infringing and keeping a check with the help of law to see to it that it is not taken by anyone else.

Selecting a domain name that is same or very similar to another well-known brand, can lead to legal action. The regulations governing these issues are dealt by Internet Corporation for Assigned Names and Numbers (ICANN).

There are certain copyright policies regarding domain names which have been set up by ICANN. The Uniform Domain-Name Dispute-Resolution Policy (UDRP) was introduced by ICANN to avoid domain name copyright violation during the registration process. All registrars accredited by ICANN have adopted the policies for all top level domain names such as .com, .org, .net and others.

Under the law in U.S.A., it is not mandatory to request for copyright registration. However, registration has numerous attached benefits. Copyright registration can be done with a single application available from some reference books and public libraries and is valid for a period of three months. Submit the application forms plus registration fee to the US Copyright Office. If anyone violates the copyright law then the copyright owner can file a complaint against the offender before the court. Using the IP address and ISP, the person who uses unauthorized copyright domain names can be identified and subjected to high penalties. The rules have which have come up due to heavy irregular practices on the net are now controlled to a certain extent by these rules. In practice how much are they followed and up to what level are they successful is another story.

A person who is trying to misguide the users by intentionally choosing a domain name  very similar to another domain name is very likely to lose right of that domain name.

The laws have changed and another factor which can lead to dispute of a domain name is that the person taken a particular domain name may have never carried out any business under that name or there is no person in that company similar to that name. Financial gain for reselling a domain name will lead to loosing a particular domain name.
If your domain name is same as your name then you may be allowed to continue to use it, in spite of the fact that it is similar to someone else’s domain name. But the usage of such a name is governed by certain conditions set by court.

With the increase in the use of the internet world wide the viability of cyber laws ahs becomes all the more important so it is best in the interest of your business that you get your domain name copyrighted.

Comments

5 Responses to “Copyright of domain name”

  1. Funtoosh.org - My Blog » Blog Archive » Copyright of domain name on August 1st, 2007 1:19 pm

    […] in the world of internet and web, same name for two different cannot own the same domain name.read more | digg story Bookmark […]

  2. Bodhost.com on September 3rd, 2007 2:05 pm

    Well, the result of this cahn affect SEO for the domain name and confusion in search engine traffics. The basic example is youtube.com and u-tube.com. Two different concepts but the traffic is distributed.

  3. proson on September 19th, 2007 6:38 pm

    a lot of useful resources, first time i heard about copyright domain name! is it automatically copyrighted anyway?

  4. AgataAgafya on November 6th, 2008 2:08 am

    The author uvazhuha! Here’s how to write blogs must! Everyone stands to learn, boys!

  5. FFmpeg web Hosting on February 2nd, 2010 5:12 am

    Domain copyright go good with big gaints like google yahooo and big Business Firm.

    In recent time google won a Domain name dispute against owner of googlenetbiz.com

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