Data Protection & Copyright – Domain Names

What is a domain name ?

Being the owner of a trademark does not automatically entitle you to use that mark as a domain name.

Someone have already legitimately registered the domain name you want – for example, if it relates to goods and services they offer.
Being the owner of a domain name does not mean you will automatically satisfy the requirements for a trademark registration.

Before you buy a domain name, it makes sense to check it doesn’t violate any trademarks.
Make sure you have business reasons to justify your choice of domain name.
If you fail to renew your domain name registration at the agreed time, your registration will be cancelled and the domain name will be put up for sale.

If a third party owns a domain name you want, you may be able to buy it from them
Before buying a domain name from a third party, you should confirm the seller has rights to the name. In these circumstances you should seek legal advice.
Trademark law prohibits domain names being ‘wrongfully’ purchased.
If your business has a trademark that has been registered as a domain name by someone else, you may be able to use legal action to gain ownership of the domain name.

If you wish to sell your domain name, it is important that you contact the Registrar to inform them of the transfer.
A domain name cannot be completely transferred without the registrar overseeing the final stages.

Cy ber squatters used to tactically register domain names that would be trademarks to existing or forthcoming businesses.

They would have no intention to add a website to the domain name – they just wanted to own it.

The cyber squatter would then sell the domain names to the companies who owned the trademarks for significantly more money than the cyber squatter originally paid for it.
Changes in trademark law prohibit domain names being ‘wrongfully’ purchased.
Companies have since successfully appealed against the ownership of a domain name which includes their trademark.
If the owner can justify ownership, however, the ownership of the domain names stays with them.