An internet domain name is a unique name that identifies an Internet Protocol (IP) address on the internet. Computers identify each other via numerical IP addresses over the internet. People use domain names to give these IP addresses easily remembered names. Any time someone uses the internet to search for information, buy products, or send e-mail, they are using a domain name to identify themselves or the businesses whose information or products they are seeking. The choice of domain name has potential to make or break an online business. For this reason, a lucrative secondary market has developed for domain names.
Every computer has a unique IP address. The domain name system (DNS) is a network of domain name servers that convert domain names into IP addresses so that computers, and thus individuals, can communicate over the internet. When an individual creates and orders a domain name from a registrar, the name is put into the global registry by the registrar for the registrant. The registry, maintained and overseen by the Internet Corporation for Assigned Names and Numbers (ICANN), is the central directory of the domain name system. Accredited “registrars” are the only agents that can legally submit domain names to the registry. ICANN regulates these agents and keeps a list of accredited registrars. Having one central registry for all domain names assures that those names send internet users to the right IP addresses.
A domain name consists of two essential parts: the top-level domain (TLD) and the second-level domain. The TLD is the rightmost portion of the domain name. Current generic (unreserved) TLDs include.com, .net, .info, .org, and .biz. Typically, businesses anywhere in the world can request one of these common TLDs. Two-letter country-code TLDs (ccTLDs) exist for each country such as .us, .uk, .de, and .au for organizations that wish to be identified by country. TLDs for more specific (reserved) purposes also exist. Examples include .tv (entertainment), .gov (government), .mobi (mobile phone access), .edu (education), .museum (museums), .name (personal names), .int (international organizations established by intergovernmental agreements), .coop (cooperatives), .aero (aviation), .mil (military), .travel (travel), and .jobs (job search). As the internet grows, so does the list of TLDs. TLDs must be approved by ICANN.
The second-level domain (SLD) identifies the organization or host. It is the rightmost portion of the domain name that is to the left of the dot (or “.”). For example, in www.google.com, the SLD is “google” and the TLD is “.com.” The “www” portion of the name is actually a third-level domain (3LD). The 3LD is left of the SLD. A single domain name can have up to 127 levels. Levels left of the SLD are subdomains. The “www” used in many domain names is just a very common subdomain and it is not an essential part of a domain name. There must be a unique SLD for every TLD; however, SLDs can be duplicated across TLDs. For example, there can only be one encyclopedia.com for a particular IP address, but there can be an encyclopedia.com, encyclopedia.net, encyclopedia.org, etc.
The ability to create and register virtually any domain name has led to a lucrative secondary market for domain names and subsequently a need for a system of dispute resolution. According to marketing researcher Zetetic, as of 2007, 36 domain names had fetched over $1 million on the secondary market, with sex.com being the highest at around $12 million. Speculators in the domain name market, known as “domainers,” buy and resell domains. Some speculators, known as “cybersquatters,” attempt to profit by buying domain names of celebrities, well-known companies, and trademarks. A kind of cybersquatter, known as a “typosquatter,” attempts to profit from common misspellings of popular domain names. Due to the frequency of cybersquatting, many companies now buy domain names defensively by buying their SLDs across TLDs and by buying common misspellings.
If a company feels that it is a victim of cybersquatting, it may file for dispute resolution through ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) or sue in court via the Anticybersquatting Consumer Protection Act (ACPA, also known as Truth in Domain Names Act) of 1999. An individual can dispute a domain name under UDRP if they feel that a domain name has been registered in bad faith or in violation of their trademark. If the outcome of the proceedings is that the defendant is in violation of UDRP, ICANN can suspend or transfer ownership of the domain name to the plaintiff. If the plaintiff is seeking damages or is unhappy with the UDRP outcome, they can sue under the ACPA. One famous case of cybersquatting was Electronics Boutique Holdings Corp. v. Zuccarini, October 2000, which resulted in the defendant being charged with more than $500,000 in damages and attorneys’ fees for using five common misspellings to divert business away from the plaintiff.
Bibliography:
- Brain, “How Domain Name Servers Work,” April 1, 2000, computer.howstuffworks.com (cited March 2009);
- Abida Chaudri, “Internet Domain Names and the Interaction with Intellectual Property,” The Computer Law and Security Report (v.24/4, 2008);
- ICANN, “Uniform Domain Name Dispute Resolution Policy,” www.icann.org (cited March 2009);
- Marshall, “So, You Want to Build a Website!” August 20, 2003, www.dwmbeancounter.com (cited March 2009);
- Hendrik Rood, “What’s in a Name, What’s in a Number: Some Characteristics of Identifiers on Electronic Networks,” Telecommunications Policy (v.24/6–7, 2000);
- Schiller, “Electronics Boutique Holdings Corp. v. Zuccarini.” Keytlaw.com, October 30, 2000, www.keytlaw.com (cited March 2009);
- Sung J. Shim, “Internationalized Access to Domain Names: a Review of Methods and Issues,” Online Information Review (v.31/3, 2007);
- Jonathan D. C. Turner, Domain Names: Transactions and Disputes (Tottel, 2008);
- Zetetic, “All-Time Top Domain Sales,” zetetic.com/domain-name-sales.html (cited March 2009).
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