Domain FAQs

Domain name

WHAT IS A DOMAIN NAME?
A domain name is essentially an electronic address for a website. Every computer on the internet has a unique numeric Internet Protocol (IP) address which is a 4 to 12 digit number. IP addresses are allotted to organisations by the Internet Assigned Numbers Authority. However, these numbers would be very difficult for an internet user to memorise and are therefore twinned with more memorable domain names. This means that an internet user can access a particular website IP address by using the domain name rather than a string of numbers. Domain names are also used in e-mail addresses e.g. user@boyesturner.com.

WHAT ARE TOP LEVEL DOMAINS?
The Top Level Domain (TLD) is the part of the domain name at the end of the "web address". These are either generic Top Level Domains (gTLD), e.g. .com, .info, .biz, .name, .org, or country code Top Level Domains (ccTLD) which are always made up of two letters, such as .uk for the UK or .fr for France. Nominet is a not-for-profit company responsible for managing .uk domain names. All .uk domain name registrations are made under Nominet's terms and conditions, which creates a contract including agreeing to submit to their dispute resolution service.

WHO CAN OWN A DOMAIN NAME?
No-one owns a domain name. The person who registers a domain name (the registrant) will have the right to its use, subject to compliance with certain conditions and the payment of all relevant fees.

WHEN A REGISTERED TRADE MARK IS OWNED, IS THERE AN AUTOMATIC RIGHT TO REGISTER CORRESPONDING DOMAIN NAMES?
Domain names are registered on a "first come, first served" basis. Having a registered trade mark does not entitle the trade mark owner to registration of corresponding domain names. It is advisable to secure all necessary domain names as soon as possible. Currently there are hundreds of different domain name suffixes available making it important to prioritise those that are most important to secure.

CAN ANY NAME BE REGISTERED AS A DOMAIN NAME?
Prior to registering a domain name, it is advisable to carry out a number of checks to ensure that a third party does not have any rights in the particular name. For example, general searches on the internet, on Companies House and the Trade Marks Register held by the UK Intellectual Property Office ("UK IPO"), to ascertain whether a third party is trading under the same name that is to be registered. When registering a domain name where a third party has rights in the name, they may be able to bring proceedings on the grounds of abusive registration, passing off and/or trade mark infringement (as further explained below).

WHAT IS ICAAN?
The Internet Corporation for Assigned Names and Numbers ("ICAAN") is a private, non-profit corporation based in Los Angeles. It is responsible for co-ordinating a number of internet functions, including management of the domain name system.

A THIRD PARTY HAS REGISTERED AN OWNED TRADE MARK AS A DOMAIN NAME - WHAT ACTION CAN BE TAKEN?
Domain names have considerable commercial value and, consequently, domain name abuse is a common problem which affects many individuals and organisations. There are an increasing number of types of abuse. Cyber-squatting is the most common, where a cyber-squatter takes control of a domain name from a rightful owner and then attempts to sell the domain name to the rightful owner often for a significant amount of money. Domain names are often acquired deliberately to divert traffic away from a competitor's website. ICAAN introduced a policy for settling domain name disputes which is known as the Uniform Domain Name Dispute Resolution Policy (UDRP). There are three organisations authorised by ICAAN to act as arbitrators and implement the UDRP. These are the World Intellectual Property Organisation (WIPO), the National Arbitration Forum (NAF) and CPR Institute for Dispute Resolution (CPR). Under the UDRP, a successful complainant must prove that the: - domain name is identical, or confusingly similar, to a trade mark or service mark in which the complainant has rights; - the registrant has no rights or legitimate interests in respect of the domain name; and - the domain name was registered and is being used in bad faith by the respondent. Disputes in relation to .uk domain name registrations are dealt with by Nominet which operates a Dispute Resolution Service (DRS). The DRS is similar to the UDRP. Whilst the UDRP protects trade marks owners, the DRS deals with other rights. Under the DRS, a complainant must prove that it has rights in the name and that registration of the domain name by the registrant is an "abusive registration". The DRS seeks to settle disputes through mediation and where this is not possible, a complainant can elect to have the dispute decided by an independent legal expert, upon payment of a fee.

CAN A DOMAIN NAME BE TRANSFERRED TO A THIRD PARTY?
Yes. Any individual or entity holding a domain name can transfer that domain name to a third party. The procedure for transferring the domain name will depend upon the Registrar or national registry, as they all have varying procedures.