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Wednesday, June. 2nd 2010

Domain Names – Important Changes

Two recent changes to the domain name system will have major impact for UK businesses.

The international body responsible for regulation of domain names; ICANN (the Internet Corporation for Assigned Names and Numbers) has altered the domain name address system in order that top level domain names can be registered in scripts other than Latin. The new Top-Level Domain names (TLDs) will also read from right to left, as is appropriate to the specific scripts used.

It is expected that the system will shortly be rolled out to cover further languages including Mandarin and Hindi, allowing web hosts to host sites in those languages. This is seen as a significant step forward within the international community and will put pressure on global brands to utilise the new domain names in regions in which they trade.

Although the content of the websites affected is unlikely to change, as websites with content written in various languages have been around for some time, the effect of language specific domain name addresses will, it is hoped, encourage further internet users by making websites more user-friendly.

The new TLDs will be known as Internationalized Domain Names (IDNs) and should encourage brands wishing to operate in overseas markets to use geo-specific web addresses to increase user empathy and ultimately sales.

It is likely that major brands have already started securing country-code domains for their translated websites, as this will provide a boost to any business attempting to seek a better position in foreign search rankings.

In a further development to domain names, a re-launched TLD is hitting the internet. The .CO domain is set to attract a myriad of businesses unable to procure one of the existing .com or .co.uk domain addresses for their business.

However, concerned website hosts needn’t worry that they will suffer from increased ‘cybersquatting because of the new TLD, this is because of the creation of the Implementation Recommendation Team at ICANN. The IRT will seek to implement new ‘right protection mechanisms’ to ensure that owners of eligible trademarks are not subject to infringement by, for example offering the chance to the rights-holders to pre-register their domain names before the registry operator permits general sale of the new suffix.

A prototype ‘Rapid Takedown Policy’ will be used for the first time which will allow rights-holders to order the removal of domains that infringe their marks almost immediately. An attempt will also be made to make the registration process more transparent; by barring proxy registrations (where registrants restrict their name and contact information from being published).

However, although the registrations will not be carried out on a ‘first-come, first-served basis’, but collected until the final close of ‘Global Sunrise’ on the 10th of June rights holders must be aware that if two corresponding trademark holders apply for the same domain name, the name will go to auction. The TLD will go on general release from the 20th of July and TM owners having to wait until this point are strongly advised to get their applications in early, as they will be issued on a ‘first-come, first-served basis’ from this date.

Anyone seeking specific advice on this matter and all other matters relating to e-commerce and trademark protection can contact a member of our Commercial Team on 0151 229 5600.

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