Technically, a domain name is a URL (Uniform Resource Locator). It is given to a computer for identification on the Internet.

A registrar does buying and registering of a domain name. Domain trading (selling of domains) is also legal, as long you do not infringe upon/violate the trademark rights of a third party before renting/selling it. You must be completely aware of the domain laws and trademark rights before getting into domain trading. It is important to follow the rules under Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Dispute Resolution Policy (UDRP) or the U.S. Anticybersquatting Consumer Protection Act (15 U.S.C. sec. 1125). Consulting an authorized trademark attorney with knowledge of domain laws is always helpful.

If you lose a dispute, a finding of an existence of reverse domain hijacking is also possible (Reverse domain hijacking or reverse cybersquatting is the process where the trademark owner makes an attempt to obtain a domain name against a domain name’s legal holder by making false cybersquatting allegations). Depending on the nature of the complaint, the policy is usually invoked in a court of proper jurisdiction or in a permitted dispute-resolution service provider and solved by an agreement, arbitration or court decision.

UDRP is a procedure instituted by ICANN for sorting disputes with respect to registration of domain names against domain owners by trademark holders. It is mandatory for all registrars to follow the UDRP. For making a UDRP claim against a domain owner, three conditions must be established. Possessing a trademark does not necessarily imply legal rights on a domain name. In this case, the domain name is identical or is similar to a trademark or service mark for a complainant to hold a case against. Also, if you intend to fight and win over a case of a domain name, it is equally important to show with evidence that you have no lawful interests in the domain and there has been no evidence of bad faith while registering for the domain.

These decisions are taken by the panel, which consists of one to three people who are members of the World Intellectual Property Association (WIPO). For the panel to make judgments several factors are considered, such as: if the registering of domain name was done for the purpose of only selling or renting, or if the registering of domain name was used to prevent the trademark owner to reflect the domain name as his/her own, or the domain name was used for tarnishing the image of the trademark owner, or for use in commercial gain. The complainant must be aware that unavailability to appear in court can result in cancellation or reassignment to another party of their domain name. UDRP intends to create a streamlined process for settling disputes of this nature. This procedure is usually quicker and less expensive than a normal court proceeding.

Hence, it is important to understand all domain laws and all necessary steps should be carefully taken while registering a domain name.

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