following information is supplied for the convenience of
our clients or potential clients and is to be considered
as a brief and simplified outline only.
IS A DOMAIN NAME?
names are the human-friendly forms of Internet addresses,
and are commonly used to find websites. The domain name
system is essentially a global addressing system.
physical point on the internet is assigned an Internet Protocol
(IP) address. As these addresses consist of long numbers,
domain names are the human friendly translation of these
IP addresses. Put in another way, a domain name is a unique
alias for an IP address (a number), which is an actual physical
point on the Internet.
OF DOMAIN NAMES
there has been a realization of the value of domain names
and a surge in domain name registrations. This is primarily
due to increased use and access to the Internet.
advise clients to register domain names that correspond
to their trade marks as soon as possible, particularly as
there is no screening process before registration of domain
names- a domain name is registered in the name of the first
person who asks to register it. This means that any party
could register the domain name corresponding to your trade
mark and either hold you at ransom or use it for trading
purposes using your reputation and goodwill to its advantage.
OF RIGHTS IN SOUTH AFRICA
is no legislation in South Africa specifically aimed at
preventing infringement of trade marks through the registration
and use of domain names, but it may be possible to act against
cybersquatters in terms of the Trade Marks Act.
OF RIGHTS IN OTHER COUNTRIES
(the Internet Corporation for Assigned Names & Numbers)-
responsible for the allocation of IP addresses- has adopted
a Uniform Domain Name Dispute Resolution Policy. This policy
has been adopted by a number of top level domain name registries,
including the registry responsible for .com domain names.
The .co.za and .za domain name registries have not adopted
there is a dispute about domain names governed by registries
that have adopted the Policy, these disputes may be referred
to certain Resolution Service Providers appointed by ICANN.
This procedure, although expensive, is a speedy and effective
alternative to an approach to the Courts.
OF DOMAIN NAMES
would be happy to assist you to determine whether your proposed
domain name is available for registration and will assist
you in the registration thereof. These services extend beyond
merely .co.za domain names.