Protecting Your Domain Names
Domain Dispute is no longer news unless a Madonna or Julia Roberts type of celebrity gets involved. However, greater now than ever is the risk for domain registrants to lose their domain names when they get involved in a domain dispute. The risk is originated from the Uniform Dispute Resolution Policy (the Policy) approved by ICANN and the Anticybersquatting Consumer Protection Act (ACPA) passed by U.S. Congress. The direct risk comes from reverse domain hijackers, biased panelists, and the unprepared registrants themselves. Innocent registrants are prone to ignoring measures to protect their domain names. They tend to think they are safe and would win even if some party would complain to WIPO-the worst arbitration organization for innocent registrants. Thus, they often do not take steps to protect their domain names. As a consequence, they are likely to lose their domain name(s) in a domain dispute. Preparation both BEFORE and AFTER you receive a complaint is equally important. Generic domain names are no exception. Net-firms.com (usid.com received a complaint from netfirms.com) and netlearning.com (the registrant received a complaint from NetLearning, Inc.) are just two examples proving how easy it is for a common word domain name to get hijacked. The following suggestions may be useful when preparing yourself for a potential battle for your domain name(s). 1) Make sure your domain record, including the ownership and administrative contact information, is complete, correct, and current. If it is incorrect, the panelists will take it as evidence against you. Therefore, check your domain record often to see if any change is made without your authorization. 2) Write down your idea or business plan about what you would use your domain for and get it notarized. 3) If possible, register your domain name, i.e., yourdomainname.com, as a trademark with the trademark authority in your country. If you registered your domain name as a trademark successfully, it is to your advantage. Once you establish your rights to your domain name(s), your domain name is entitled to legal protection even if it is stolen. 4) If you start up a business, register and or use your domain name as your business name, if possible. Use your domain name with the TM sign on your letterhead, envelope, business card, or wherever possible. When you design your web site, make sure to put the TM sign with your domain name. Print a copy and have it notarized by a local Notary Public. If your site is designed by others, make sure to get a certificate that shows your domain name on it. 5) When you do advertising, make sure your domain name shows up in the ad. If you do online advertising, even with goto.com, print a copy of your link ad that is properly dated. Keep a copy of that ad and all communications between you and your ad service provider as evidence. 6) If you are not planning to use your domain name in the near future, register it as an intent-to-use trademark with your trademark authority. For coveted domain names, i.e., mostly single worded and popular, yet generic names, you may not be able to get them registered as a trademark. For those domain names, use them as soon as possible for any legitimate purpose, such as for business, non-profit, or even a personal or fun activity. 7) When using a domain name, try to use a fee-based web hosting service that would enhance the impression of seriousness of your business. Free web hosting is costly because it will harm your business in various ways. 8) Never merely put simple links on the pages and never link your domain to porn sites. By doing so, you will be doomed if you come across some self-authorized or puritan panelists. 9) If you consider selling your domain, do not sell it until you establish your rights to it. When you receive any offer to purchase your domain name, do not answer unless you know who the person is. The inquirer may be a spy. Again, talk to a lawyer if possible before you do anything. 10) When challenged directly by a company or individual, you should never answer until you consult a legal professional. Any of your good-willed answers may be used as evidence against you later or help your challenger to shape a plan against you. Do not put out a web site for your domain in a hurry as a response to the challenge you receive. Such an action may prompt some panelists to believe you have done some thing wrong. 11) When you receive a complaint from WIPO, you should RESPOND if you want to defend your domain name(s). Many panelists would treat you lightly and rule in favor of the complainant if you fail to respond. If your domain name is critically important and you are well financed, hire a COMPETENT lawyer! The fee can be anywhere between $1500 and $5000 per response. Or, some lawyers will charge on an hourly basis, usually between $200 and $500 per hour. Do some searching and ask for references when you choose a lawyer. Furthermore, you should consider paying $1500 to have a three-panelist panel. With WIPO, you are likely to lose if only one panelist is assigned to your case. When you request three panelists, you have the right to designate one panelist for the dispute panel. By carefully choosing a registrant-friendly panelist, you will increase your likelihood of winning. 12) If you lose at WIPO, you have 10 days to appeal to your local federal court or the court that has jurisdiction over the registrar. 13) If the challenger goes directly to court to sue you, you should file your response timely. Do not get scared because the plaintiff may do this simply as a tactic to scare you by the fact that a court action is more expensive than dispute arbitration. The most important thing is to establish your rights to your domain name. Keep any and all evidence that is indicative of your using your domain name for a legitimate activity. And finally, be careful to avoid the traps that would endanger your rights to your domain names. The tips in this article are intended for reference only and should not be construed as legal advice. About The Author Dr. Peter Liu is a consultant to Marsgerm.com web hosting service at http://marsgerm.com. He runs http://www.domainmanual.com. Contact him at shopseek2@yahoo.com if you have any comment. new@domainmanual.com
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RELATED ARTICLES
Protecting Your Domain Names
Domain Dispute is no longer news unless a Madonna or Julia Roberts type of celebrity gets involved. However, greater now than ever is the risk for domain registrants to lose their domain names when they get involved in a domain dispute. The risk is originated from the Uniform Dispute Resolution Policy (the Policy) approved by ICANN and the Anticybersquatting Consumer Protection Act (ACPA) passed by U.S. Congress. The direct risk comes from reverse domain hijackers, biased panelists, and the unprepared registrants themselves.
Cheap and Easy Domain Name Registration
Just like any business, your identity is very important. On the World Wide Web, your domain name is your identity. Of course, you can opt for a subdomain name that comes with many free web hosting like http://yourdomain.netfirms.com. But if you are serious about being successful on the Internet, you have to get your own domain name, like http://www.yourdomain.com.
Top 10 reasons to have your own domain name
Please note that all domain names listed in italic are ficticious:
It is cheap and easy to get your own domain name (less than $15/year in most cases)
You own the name (as long as you pay the annual fee)
You are not dependent on one web hosting company to let you use a subdomain, or worse, a subdirectory
Your web site promotion effort does not go to waste if you change your web hosting company (because the domain name remains the same regardless of what host you use)
The domain name can be optimized to your business, like www.best-used-cars.com
Your web site is more professional
The domain name is easier to remember. For instance, www.best-used-cars.com rather than www.geocities.com/web/public/business/auto/best-used-cars/
It is much easier to sell a web site with its own domain name
A good domain name can be an asset
It is cheap and easy to get your own domain name (this one is worth repeating)
How to register for a domain name
Please note that all domain names listed in italic are ficticious:
Think of appropriate name for that suit the theme of your web site. For instance, an online dating service may find domain name like www.loveconnection.com, more desirable than say www.best-used-cars.com
Search for domain name availability. Every domain name registrar will provide you with a search tool; although some search tools are better than other. You will have to do a lot of searches because a lot of domain name that you wish to have is probably already owned by someone else (very common).
As you come across available domain names that you like, jot them down. Keep searching until you have about 3-5 different domain names to choose from.
Choose a domain name and register it at a domain name ICANN Accredited registrar.
Other factors to consider
Initially, you will want the .com version of your domain name. If your internet business takes off, you may want to consider registering other first-level domains (i.e., .net) of your domain name and perhaps even similar domain names to prevent mistaken identity
Use domain name registrar that will register the domain under your name under all contacts information (perhaps with the exception of technical contact). It should be clear that you own the domain name.
Use domain name registrar that provide good online account support.
Use automatic domain name renewal if you are planning to own the domain name long-term
The Growth of ru-Domains
The registry of ru-domains reports, that the number of domain names registered in Russia's national domain, the ru-domains, has increased 19.82% in the first half of 2004 to 256.356 ru-domains.
Secrets of Expired Domain Name Traffic
One of the biggest challenges to a webmaster is how to generate traffic. More traffic to your website equates to more sales. So how does one generate extra traffic to their website? Search engine optimization, email campaigns, pay-per-clicks, banner advertising, are among some of the tactics that are popular. Another method of generating traffic is through expired domain names.
Virtual Airport
Aero Registrar Secura GmbH proposes to the IT departments of airports to sell aero-domains to companies at the airport. Airports can build a portal of the airport and forming by this a kind of virtual airport.
Domain Name Registration and Privacy
The internet is a wonderful thing, except for a few small details. When you register your first domain name, you get your introduction to one of them. There's a lot of information they want. Your name, your email address, your physical address, your phone number. For each of 4 separate categories, and the Registrant, Admin and Technical categories are publicly available (for almost all TLDs - Top Level Domains, with the possible exception of .ws - Western Samoa).
What is a Domain Name and Where to Register?
A domain name is an alias for an IP address. Now what is an IP address? An IP address is a numeric code that signifies where to look through the Internet for content. An example of an IP address would be 22.226.141.25. Rather than typing in a long and easily forgotten IP address, a domain name helps you by typing an easily remembered name to access the same site.
Five Ways To Profit From Public Domain Information
Ever wondered why Walt Disney never got sued for intellectual property theft?
Is Your Company Name Killing Your Online Business?
Ahhh... your company name.
8 Million de-Domains
DENIC, the registry of the German Top Level Domain (TLD) has announced, that it has received the eight millionth application for the registration of a de-domain. The de-domain has the position as the world's favourite Country Code TLD, ahead of .uk, which has about 3.7 million registrations. The de-domains are also numerically stronger than nearly all the generic Top Level Domains that are used throughout the world, such as .org, .net, .info and .biz. Only one the com-domain with more than 30 million domains is more often registered than the de-domain.
Domain Name Registration - Key Tips
Domain name registration is a necessary, easy, and
strategically important first step in establishing an online
presence, whether for business or otherwise. A well-chosen
domain name registration can set you up for success with
your new site in so many ways, the most prominent of these
being increased search engine traffic. Here's some vital
elements to consider when executing your domain name
registration.
Tips and Tricks To Getting Top Money for your Domain Names
Would you like to be that lucky person who sells their domain for thousands or even a million dollars? It IS possible to find quality domains and resell them for huge amounts of money. The time is ripe for acquiring top domains and selling them. Now that the Internet Boom is behind us, valuable names expire everyday. The best way to find these domains is to use services on the Internet such as DomainsBot to weed out the bad names. Or just check out Hot Lists on sites like Namewinner or Pool.
What is a Domain Name and Why Would I Want One?
In this article we will cover the basics of what a domain name is, how they work and why you need to have at least one. I am going to try and avoid complicated computer terms and stick to explanations that should be easily understood by someone without a computer science degree.
A Very Simple 3 Step Process To Find That Perfect Domain Name Using Some Free Online Tools
So you finally decided you want your very own home on the World Wide Web. Many people use free services like Geocities or AngelFire for their first home on the Internet. Others jump in and get their very own domain and then set up a hosting account.
Is Your Domain Costing You Traffic?
You visited a great website some time ago that had some fantastic
information on it. It is not easily found in search engines
results so you decide to type the domain name into your favorite
browser. The problem is that the url spells out something like
keyword-keyword-keyword-keyword-keyword.com.
Domain Squatting Explained
The one thing that annoys me most about the topic of domain names is when trying to find a domain name for a new site only to find most of the names I come up with are already taken. Even more annoying is that these names are not being used for a site that relates to the domain name.
ICANN Registrar: za-Domains for Anybody
Cologne, 12.10. 2004. ICANN accredited registrar Secura announces today,that the company is accepting the registration of za-domains.
Selling a .co.uk Domain Name via Sedo
Selling a .co.uk Domain Name via Sedo
All-time Record of Domain Registrations
The number of registered domains has reached an all-time high of more than 60 million domain names worldwide.
What?s In A Domain Name?
Choosing a domain name is a very important first step for anyone starting a business on the Internet. This name is the first impression that strangers are going to have about you and your business. You are going to need to give this decision some real thought.
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