Sign up to our FREE monthly email newsletter
FREE Domain name registration tips >
Domain Name Registration Hub
Your internet business and the law
Online businesses does not exist in a vacuum. And quite rightly so. Players in the industry are directly accountable to the Internet Corporation for Assigned Names and Numbers ICANN.
The following laws and regulations are applicable to online businesses;
- Privacy Laws
- Patents, Trademarks and Copyright
- Collecting VAT (Sales Taxes) Over the Internet
Internet Corporation for Assigned Names and Numbers (ICANN)
The most important regulatory body in the domaining industry is the Internet Corporation for Assigned Names and Numbers (ICANN). Formed in 1998 it remains the overseer of the domaining space.
ICANN has frequently been accused of not providing a fair deal to players in the domaining industry. In particular what was seen as an inconsistent approach to disputes between parties. ICANN has been proactive in setting up the Uniform Dispute Resolution Policy (UDRP) which has made the dispute process more transparent.
Uniform Dispute Resolution Policy (UDRP)
As a domain name investor you need to aware of the Uniform Dispute Resolution Policy (UDRP). The UDRP process is used when a concerned party believes that a domain name breaches trademark and/or branding. This may include the infamous "cybersquatting" disputes.
A common newbie mistake is to register a domain name that incorporates the name of a well known company. Our advise is simple. Do not do it! It is not worth the aggravation. More importantly precedent has shown that if you have blatantly infringed a company’s trademark or brand you will lose the case. We are not lawyers but if you have received a ‘Cease and Desist’ letter and you know you are in the wrong, the right thing to do is to send a polite email to your registration company telling them you want to give up domain name concerned.
Find below actual UDRP cases and the respective judgement;
For an up to date UDRP caseload go to the World Intellectual Property Organization WIPO website.
