What You Must Consider Before Buying a Domain Name

In this article I am going to discuss some of the issues anyone considering buying a domain name should give some serious thought. Registering a domain name is very easy however don't let the simplicity of the process mislead you as there are a number of potential problems later on.

Why Your Domain Name Might Give You Grey Hair

With in the next 5 minutes you can be the proud owner of a new domain name. And if you are like most domain owners you will never have any problems arising from the ownership of your domain however this isn't always the case.

There are a bunch of legal issues many domain owners aren't aware of until they receive a nasty email or letter from a solicitor/attorney. The main problems that come up are:

• Trademark infringement.
• Domain Typosquatting.

So how do domain owners find themselves in trouble over these issues?

Trademark Infringement

Owning a domain name doesn't give you legal right over a name in any real terms. Many domain owners believe that because they own a domain name they have some sort of exclusive right or licence to use the name. This is not the case.

As with registering a company or business name, registering a domain does not automatically put you in the clear when it comes to trademark infringement.

In most law abiding countries breaching a trademark is against the law and a trademark is often the determining factor when it comes to who is allowed to use a given name and for what purpose.

Playing dumb won't help you either. Ignorance is not an excuse in the eyes of the law!

Domain Typosquatting

Domain Typosquatting is a simply registering a domain name that is very similar to an existing domain. Examples might be:

• Using the exact same name with a different extention (.info, .cn for example).
• Using a common misspelling of the better known domain.
• Using a plural (examples.com instead of example.com).

You are likely to be accused of domain typosquatting if you use a very similar name to target the same industry or for a similar reason as an existing domain. If the words used in the domain are unique and have no real meaning (such as my company name and registered trademark: Auspire) then you are almost certainly crossing the line.

The Onus Is On You, Not the Domain Registrar

When it comes to doing a background check keep in mind the onus is on you. The domain registration company is not going to check things for you and they are not responsible in any way if you register a domain name through them that is later found to be in breach of the law.

The only thing the domain name registration company checks is if the domain name is available for registration. That's it.

Where I Check Before Registering a Domain

The list below features a number of links I visit to check any proposed domain name to help eliminiate any possible problems with names in the jurisdictions I am likely to operate in.

• Australia's ASIC company & business name register.
• IP Australia's Trademark Database.
• The UK's Company Name WebCheck Service.
• The UK's Intellectual Property Office Database.
• The USA's Trademark Database.

Remember that although the internet seems borderless, the law still applies. And in many countries that don't have internet specific laws, they simply apply 'real world' law which has very real consequences.