When you are faced with electronic commerce issues, an attorney who has regularly advised and represented clients in Internet business and e-commerce matters can help you to achieve a cost-effective and timely resolution. To learn more about our legal services, contact our firm to schedule a consultation with an experienced attorney.
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Domain Names
One of the first steps in setting up an Internet business is selecting a domain name. A domain name is basically the address for your business's Web site and it allows Internet users to find and access your Web page. If you have an existing business, it makes sense to select that name, the name of a product or service you provide or something similar for your domain name, if available. A search of existing domain names and trademarks should be done to make sure that the desired domain name is available. An attorney at Erik S. Syverson in Los Angeles, California can help you select an appropriate and non-infringing domain name and set up your e-commerce business.
What is a Domain Name?
A domain name is a combination of letters and/or numbers that identifies a Web site. The domain name is the equivalent of an Internet host address (Internet Protocol (IP) numbers). Domain names often convey information about the type of entity using the domain name.
Domain names have three parts, which are separated by dots. For example, the address www.findlaw.com has three parts: “www” is the host name or subdomain; “findlaw” is the second level domain; and “.com” is the top-level domain. The most common top-level domains are .com, .org, .net, .gov and .edu. Anyone can use .com, .org and .net, and the majority of commercial Web sites use the .com domain. The .gov domain is reserved for US governmental organizations and .edu is reserved for US educational institutions. Each country has an assigned 2-digit top-level domain (for example, .uk for the United Kingdom). Other top-level domains are available, and the list is expanding.
Obtaining a Domain Name
To avoid confusion, each Internet address must be unique. Domain names are generally assigned on a first-come, first-serve basis. However, courts will usually not allow a party that has no reasonable grounds for claiming a domain name to keep the registration over a party that has a trademark or other legitimate right to use the name. If the domain name that the business would like is already owned by another entity, you may contest the current domain name owner's right to use the name. In general, the case is much stronger if the domain name that you would like is already your current corporate name or trademark.
It is important to begin the selection process for a domain name with a search of the registered domain names. In addition, a search of registered trademarks should be done. This search will allow the company to pick a name that is not already registered and avoid potential trademark infringement actions.
Once a company decides on the top level and second level domains it wants to use, it must contact an accredited registrar to act as a go-between with the registry and determine if the company is eligible to register the name. Today, there are many accredited registrars, including the Internet Network Information Center ("InterNIC"). The Internet Corporation for Assigned Names and Numbers ("ICANN"), a non-profit corporation formed to control Internet domain name management, accredits all registrars. Generally, applicants are required to warrant that they have the right to use the requested domain name and that their use does not interfere with, or infringe upon third parties' rights. The registrars also require certain information, such as the company name and address and contact information.
Once the domain name is registered, the company must be sure to make careful note of any registration maintenance fees. Further, once registered, the company should protect future use of the domain name by registering the domain name as a trademark.
Conclusion
The domain name you choose is an important identifier for you business. Selecting a name that is the name of your business or a product will allow customers to more easily find the company's Web site. Choosing the correct name takes careful thought and research. An attorney at Erik S. Syverson in Los Angeles, California can answer your questions about selecting and registering a domain name.
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