Domain names

Today, every entrepreneur has his own website and therefore also his own domain name. A domain name must be registered and renewed on time. So where can this be arranged?

 

A domain name is a name in the Domain Name System (DNS), the naming system on the Internet used to identify networks, computers, web servers, mail servers and other applications. A domain name can be your trade name, personal name, trademark or any other available word.

 

Top Level Domain

A domain name consists of a word followed by a dot and an addition referred to as the Top Level Domain (TLD).

The following Top Level Domains exist:

  • Generic Top Level Domains (gTLD), for example   Example: .org, .info, .net, .com
  • Country Code Top Level Domains ( ccTLD), for example: .nl, .be, .uk, .us

Today, most TLD managers do not set requirements to the type of organisations that register domains. For instance, a commercial company might just as well register a .org domain name.

 

The Internet Corporation for Assigned Names and Numbers (ICANN) is responsible for the generic top level domains (gTLD’s). The national register is responsible for the national top level domains (ccTLD’s). Consequently, each register decides which companies may register domain names. For the Netherlands for instance this is done by Stichting Internet Domeinregistratie Nederland (SIDN).  

 

Register through participants

A .nl domain name may only be applied for through a participant of the SIDN. These are Internet companies that specialise in managing and/or registering domain names. On the SIDN site you will find a list of affiliated participants. 

 

The rights of a domain name

A domain name registration is nothing more than an administrative confirmation of the fact that you have applied for this domain name. No rights shall be derived from a domain name such as patent, trademark or copyright.

Nevertheless, in some cases using a domain name is possible by virtue of a trademark right or a trade name.

 

Violating trademark rights/ trade names

A domain name can only be issued once. The SIDN registers the domain name without verifying whether the name might be violating existing older rights such as trademark rights or trade name rights. The future owner, however, should declare that his registration is safe. Should violation still be the case, the owner of the previous rights might take the matter to court to have the domain name either removed or transferred. An alternative for ‘taking the matter to court’ would be arbitration on the basis of the Arbitration rules for .nl domain names

 

For generic top level domain names (gTLD) the WIPO Arbitration and Mediation Centre is the designated institute for the arbitration procedure. This procedure is relatively inexpensive and the arbitration board has been authorised to discontinue or transfer a domain name.

 

Our lawyers will be delighted to assist during arbitration procedures. For advice you may contact the Legal Department of Nederlandsch Octrooibureau.