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Law Office of Elias M. Gordan
Putting Your Name on the Web
One of the most important phenomena of the late 20th century has been the growth of electronic commerce, by which businesses, individuals, and government can communicate and share information instantly, without having to wait hours or days for its receipt. Electronic commerce is primarily done through a network of linked computer networks known as the Internet.
The World Wide Web (“the Web”) and electronic mail (“e-mail”) are the two most popular means by which businesses exchange information, goods, and services on the Internet. Each computer maintains a presence on the Internet through an Internet address, a number with three dots, such as 123.456.78.9. The Internet address, in turn, is identified through a domain name. For example, the American Bar Association is identified on the Internet through the domain name www.abanet.org. The “.org” identifies a class of Internet addresses known as a top-level domain. The “abanet” identifies the second-level domain, used to locate the computer within the top-level domain.
Internet addresses and their domain names can be identified through one of two classes of names: generic top level domain names (“GTLDs”), and country codes. There are currently 14 classes of GTLDs, which can be used worldwide:
_______.com - general usage, mostly by commercial entities.
_______.org - general usage, mostly by nonprofit institutions/organizations.
_______.net - general usage, mostly by networks.
_______.gov - restricted to use by United States government agencies.
_______.edu - restricted to use by institutions of higher learning.
_______.mil - restricted to use by military entities of the United States.
_______.int - restricted to international intergovernmental organizations.
_______.info - general usage
_______.name - general usage, intended for individuals
_______.biz - general usage, intended for businesses
_______.pro - restricted to use by professionals (initially physicians, lawyers, and CPAs)
_______.aero - restricted to use by entities affiliated with the aerospace industry
_______.museum - restricted to use by museums
_______.coop - restricted to use by cooperatives
Besides the GTLDs, Internet addresses and their domain names can also be registered with country codes peculiar to a country, such as ____.uk, _____.fr, and ____.us. Over 190 country codes exist, for nearly every nation in the world. (The ".tv" suffix, for the Pacific island of Tuvalu, is an example). The country code for the United States includes a city and state designation (for example “www.____.evanston.il.us”). The entity registering the country-code name need not actually be based in the city and state designated, though this may be subject to change.
Companies must take great care in developing their presence on the Internet, to prevent their name and identity from being “stolen” by outside parties. Before the advent of the Internet, a firm would protect its identity through use of a trade name, and registration of one or more trademarks or service marks. The use of trade names, trademarks, or service marks, however, does not protect them on the Internet, for in the numerous other countries, domain names are assigned on a first-come, first-served basis, without regard to trademark rights, and one can freely appropriate another’s name as a domain name if the name is unreserved.. The courts and Congress are struggling to relate domain names, trade names, and trademarks, as shown by the passage of the Anticybersquatting Consumer Protection Act of 1999, which permits trademark holders to sue others for registering the trademarked names in bad faith. An alternative dispute resolution policy has been instituted by the Internet Corporation for Assigned Names and Numbers (ICANN), www.icann.org, the central domain name accreditation agency, to resolve domain name disputes. Though it does not prevent a trademark holder from suing under the Anticybersquatting Act, ICANN-sponsored arbitration is often cheaper than litigation, and historically has resulted in decisions favoring the trademark holders.
The only way one can protect their name on the Internet is to reserve it as a domain name. Country codes and GTLDs are reserved in different ways. Currently, GTLDs can be reserved through registrars accredited by ICANN. The list, with links to the registrars, is constantly changing, and may be reached at www.icann.org . The new accreditation plan is intended to encourage competition in the Internet address assignment field, and move away from the government-approved monopoly held by Network Solutions Inc. Network Solutions, though not on the ICANN list, is still a dominant player, and is expected to remain in the domain name registration business. They may be reached at www.nsi.com . Further information on this subject may be obtained from a predecessor agency to ICANN, the Internet Assigned Numbers Authority (IANA), which can be reached at www.iana.org .
Country-code domain names in the United States are administered through the Information Sciences Institute of the University of Southern California (ISI), and can be reached at www.nic.us . www.______.us names may be reserved through your registrar, such as www.nsi.com .
As always, please contact us if you have further questions.
DISCLAIMER
The information contained in this guide is meant only to convey general information, and is not intended to serve as legal advice or counsel, nor is it meant to create an attorney-client relationship. The information presented here is subject to change or modification that any time without notice, and may not apply to the specific facts of your case. Accordingly, you should check with a with an attorney before acting on this information, to make sure that it applies to your situation.
708.923.9735
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