Know Your Domain

While not often thought of as an intellectual property right, a domain name is often an important part of a business’s branding. This is often the case for small businesses, which may not have the time, budget, knowledge or inclination to apply for and register a trade mark, patent or registered design.

In such cases, a company’s domain name can be the most important way for a customer to identify and distinguish a business. So what are domain names and how are they relevant in terms of intellectual property?

Background and what are TLDs?

Domain names are a simple and convenient way of directing users around the internet and act as addresses for websites and email addresses. Domain names are registered ‘under’ TLDs or “top-level domains”.

TLDs or “top-level domains” are the two or three letters after the last full stop in a domain address. For example, in www.ipmadeeasy.co.nz, the domain name is ipmadeeasy, and the top-level domain is “.nz”.

The majority of countries around the world have a country-specific domain name system, for example .nz for domains registered with New Zealand’s domain name registry, .au for Australia. These are called country code top level domains (ccTLDS), where the country code is the top level domain, for example .nz or .au. A full list of the countries and territories is here.

In addition, there are generic top level domains (gTLDS), the most famous of which is .com, but also including .org, .net and more recently including a large number of company names and acronyms.

How do I register my domain name?

Domain names are generally registered on a first come, first served basis, subject to eligibility restrictions which some top-level domains, or registries impose. For example, .govt.nz domains are limited to New Zealand central or local government agencies, and the .com.au domains have certain eligibility criteria regarding an Australian presence.

In short, in order to register a domain name, you must do so through an authorised registrar for the domain that you are interested in.

Sometimes, other business service providers such as marketing companies or other domain name resellers may also be able to assist you with registering your chosen domain name.

A basic guide to why and how to register your domain name from the .nz Domain Name Commission, the organisation that regulates the .nz domain name space is available here.

Can I check that my chosen domain name is available?

Yes, each TLD has a ‘whois’ service which allows you to check whether the domain you are interested in is already registered, and who it is registered to. The .nz ‘whois’ service is available on the homepage of the .nz Domain Name Commission at www.dnc.org.nz.

What do I do if someone else has registered my domain name?

As domain names are generally registered on a first in basis, it may be difficult to obtain your chosen domain if another party has already registered it, particularly if it is generic or descriptive, for example, partyhire.co.nz.

However, if another party has registered a name in which you have rights, such as a trade mark or goodwill through use, you may be able to challenge the registration on the basis that it has been made unfairly or in bad faith. In such circumstances, there are processes to resolve these disputes. The .nz and .au domain spaces through their regulatory agencies the .nz DNC and AUDA, respectively, operate dispute resolution mechanisms for resolving these disputes. Additionally, for TLDs such as .com, there are a range of accredited dispute resolution providers who apply the Uniform Dispute Resolution Policy (UDRP), including the World Intellectual Property Organisation (WIPO).

If you have any questions about domain names or domain names and intellectual property, please don’t hesitate to get in touch.