Domain Names

Domain Name Protection in a Nutshell

  • Registration of a domain name does not give you the right to use a domain name in any way you wish, particularly commercially.
  • There is no separate domain name legislation in Canada.
  • The right to use a domain name is generally determined by trademark law.
  • Although a registered trademark is not conclusive, it does help to protect your domain name.

What Is a Domain Name?

A domain name is used to identify a particular place (IP address number) on a particular computer (server) where the files of a web/Internet site (URL) are located. Each site on the Internet has a unique number, very similar to a phone number. This number is called the Internet Protocol (IP) number or address. This identifies the computer and the specific place on the computer where the site is located. However, all these numbers are very long and difficult to remember. Thus, early on in Internet history, these numbers were given pseudonyms called domain names that were easier to remember and type. Thus, a domain name is effectively a nickname for a numerical address on the Internet. These domain names are translated or “mapped” onto the numerical IP address. This is done by domain name servers, individual computers that are spread throughout the Internet.

Domain Name Registration

When you ‘register’ a domain name, you are effectively reserving/registering a ‘nickname’. This registration is done through accredited Registrars.

Using a Domain Name

Contrary to popular belief, registering a domain name does not give you the right to use that domain name in any way you wish. In particular, commercial use of a domain name is determined by trademark law.

Searching a Domain Name

As a result, you should undertake a comprehensive search of domain names before beginning to use one. In particular, you should search for sound-alikes as well as exact matches, not only in the chosen registry, but in other common registries as well.

Protecting a Domain Name

Trademark registration is the most effective way of protecting a domain name.