Domain Names

You’d be surprised just how many people think that securing their domain name is all that they really need to do to be up and running and in business!

How wrong can you be?

There is a complex inter-play of legal rights and obligations and controlling organisations relating to the ability to obtain, use and maintain, and resist others from using or telling you not to use your domain name!

Importantly, it is really important to understand that a domain name is simply provided to you under the terms of a licence from the relevant top level generic (ICANN registry) or top level Country Code (tLcc) registry – e.g. Nominet in the UK). 

Unlike a registered trade mark which gives you statutory ownership and (monopoly rights) in your registered trade mark for the particular class (es) of goods or services which you have claimed, a domain name and your right to gain and retain it can be subject to legal issues relating to the existence or otherwise of related unregistered and registered trade marks.

At JMW IP & Technology, we can advise you on all aspects of acquisition, registration, transfer of licensed registrant rights – including practical technical aspects of how to go about that increasingly using on-line electronic transfer protocols.

We also can assist you to pursue disputes with other parties (particularly through the ICANN dispute resolution arrangements for tlG domain names (e.g. .com; .org etc.) using appointed panels of experts – particularly using the WIPO Arbitration and Mediation Center.

There isn’t a domain name question we can’t answer.  Ask us today.  Go on, your first telephone consultation is free, gratis, on-us, so it won’t hurt!

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