Understanding website domain law

 

The website domain that you register for yourself or your business is protected to a degree by domain law. All domains must be unique, but as it is possible to register similar domains, domain law often comes into contact with copyright and other intellectual property laws.

For instance, if you registered the domain name www.mike-row-soft.co.uk, Microsoft would consider this a breach of their intellectual property under trademark laws. Domain law can be complex, which is why all of the main domain registration companies have a dispute resolution service. In the UK, this is with Nominet. Note that there is a fee for the dispute resolution services they provide.

Most domain law can be interpreted fairly easily by the dispute resolution services. When you are dealing with international intellectual property law, it becomes much more complex. Domain law may in some instances have to deal with international intellectual property law, such as trademark registration. In most cases, you would have to fight your domain dispute in each country where you found a domain potentially breaking your copyright or trademark rights.

The law can quickly become very complex, as it has to encompass not only domain registration laws, but also international intellectual property laws as well. The help and support of an intellectual property solicitor is vitally important when fighting these cases. They can represent you at any hearings that take place, and interpret the law as it applies to your case.

Never attempt to handle a domain law dispute alone as the courts will look for properly qualified legal council from all the parties in the dispute. If you think that your rights have been compromised, contact a qualified intellectual property solicitor as early as possible. They can give you an initial assessment of your case, and then begin proceedings.

If you would like to obtain legal advice about domain name disputes, Caven can put you in touch with a local specialist intellectual property / IP solicitor free of charge. So, if you have any questions or would like our help in finding local intellectual property/ IP solicitors please call us on 08001 221 2299 or complete the web-form above.

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