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Domain Name - Who Owns It? What to Call it?
Appeared in Venturer

What does your domain name mean to you? Try this: think of it as the cue for your customers to look you up. Make it easy to remember, and make it resemble your company name and what you have to offer. If you are looking for a "generic" domain name that describes your product, such as gadget.com, you are probably three to four years too late to register it. You may also find yourcompany.com or an acronym of your company name has already been taken. Don't despair. Think creatively. Try YourcompanyGadget.com, GadgetOnline.com, Gadget2Go.com, YourcompanyOnline.com, and other variations. People often miss the hyphen in domain names, so you may wish to avoid it unless you have invested in branding your name.

But why be contented with having only one domain name for your business? Additional domains can point to your home page or to specific pages in your Web site, so customers can easily find you by your company name or products you carry. Or you can use canonical domain names to name different sections of your Web site, such as Gadget.YourCompany.com.

If your dream domain name has already been taken, how about using Yourcompany.net or Yourcompany.org? In the early Internet days, most domain names ended with .org indicating nonprofit organizations or .edu denoting educational institutions. These days domain name registration companies are more interested in selling than in following the top level domain name convention. Should you use .org or .net if the .com domain name has been taken? The rule of thumb is: will your customers be confused?

Can you trademark your domain name? Yes, a domain name is trademarkable if it offers goods and services over the Internet and is an identifier. How do you go about trademarking your domain name? First do a trademark search. Establish that your chosen name is available to be trademarked and that it does not infringe or dilute preexisting trademarks. Visit U.S. Patent and Trademark Offices, or hire an attorney. Mere registration of a domain name does not give you a legal right to use it. The courts have held that trademark usage trumps domain name registration. So when you register a domain name, be sure to check that it does not contain an existing trademark or cause confusion with one. For example, you are free to register camera.com, but it is prudent not to choose KodakCamera2go.com.

What happens if one day you receive a letter from a not-so-friendly attorney demanding that you cease and desist using your domain name which you thought was rightfully yours? Or what if you find out some other business has already registered a domain name that may resemble your company name or trademark? Millions of dollars of damages have been claimed after lengthy court battles over such issues. You may want to use an alternative route to resolve the differences - try one of the Dispute-Resolution Service Providers approved by the Internet Corporation for Assigned Names and Numbers (ICANN), the official governing body, located at www.icann.org.

Now come the nuts and bolts of domain name registration and transfer. First look up the WHOIS database to see if your name is available. One place to look for it is at www.networksolutions.com/cgi-bin/whois/whois. Network Solutions is the major domain name registrar, which has recently registered the 10 millionth name, though dozens of other registrars have now also been accredited. With this competition came choices. You can now register your domain name for any period of time from one year to ten years, and may pay a lot less than the $35 per year which had been the standard fee. A list of registrars is available at www.icann.org/registrars/accredited-list.html. An easy way to register is just to have your trusted Web hosting company take care of it, usually for a very nominal fee. This may also save you a lot of hassle when the time comes to set up your domain name in the server hosting your new Web site.

Who owns your domain name? While your domain name may not be able to fetch $7.5 million like business.com, it may be worth a whole lot more than the $35 you paid, or a lot less. A recent court ruling decided that a domain name is not intellectual property, and ruled that the registrar may take back your domain name. Such is the case in Network Solutions' service agreement, which says that the company may terminate domain name registration services for "any improper purpose, as determined in (their) sole discretion."

We have certainly not heard the last word on domain name ownership yet. But no matter who officially owns it, or what its monetary value is, your domain name is the doorway through which your customers reach you. Choose it well.

Copyright Eva Chiu and InfoAdvantage.

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