The Regulation Of Domain Names

0
2863
The Regulation Of Domain Names - BillLentis.com

Contents

When you make your website, you chose a domain name for it, which becomes its identification. The rules and procedures of your chosen domain name are provided by the Domain Name System (DNS). You can’t just pick a random domain name and consider your job done. The domain name assigned to you, can be used exclusively just by you and has a legal presence, given to a natural person. The Internet Protocol Source or IPS is represented by a domain name, and an example of this, is a website.

The location and particular activities can be found at the domain name. When we look from a marketer’s perspective, a domain name is basically the identification of a firm, and the products and services that the firm offers to its customers. The domain name of a firm should be unique and creative, so that it can stand out when compared to other firms that have a similar name. If the domain name is not unique, then it will become very confusing for the customers.

ICANN

ICANN stands for Internet Corporation for Assigned Names and Numbers. This is a non-profit organization that provides firms and businesses with IP addresses and domain names. There are different activities that ICANN looks after; these activities include the registration of domain names by different businesses, developing a policy that would overlook Domain Name System and its internationalization. ICANN is also responsible for resolving any disputes that may arise over domain names. To resolve disputes, Uniform Domain-Name Dispute Resolution Policy (UDRP) was established by ICANN. They established UDRP so that they can resolve disputes that take place during the registration or after the registration of domain names.

How To Register For A Domain Name

If you want to register for a domain name, then the first thing that the registrant would do, is to check if the domain name you want is available or someone already has it registered. If the domain name that you want is available, then you can register it with registrars, who are given this authority by ICANN; there is a WHOIS record that the registrant will use to record your information. WHOIS is an important database, because it gives details about the name of owners, who have registered a domain with ICANN. With the help of registrar’s resellers, you can register your domain as well.

The first thing that the registrant does is record the name of the organization or the individual, who wants a domain name. In this process, a domain name is reserved by the registrant, after they go to the registrar or to a reseller. The person who wants the domain name needs to follow some rules, which are given by the registrar. For example, the registrant has to pay the fees of the domain and must submit updated data. Registrants should also make sure that they list their domains on their name server. This would make it possible for the domain to reach the internet. If the registrar doesn’t provide the service for securing or hosting their name server or the registrant doesn’t want to use this service provided by the registrar, then they have to do it on their own.

Registrars And Resellers

Those individuals, who have a certificate from ICANN, are called registrars and can sell domain names; registry operations also certify them. However, resellers may seem like a good option to some registrants. When registry operators send a request for registration, then they are responsible for accepting that request. The request can be sent from both the registrant and the registrar. Registry operators have a database that contains the registration data, and they can offer name servers that are published with the help of the internet, including the zone file data.

Dispute Of Domain Names

A dispute can arise between businesses and firms for a number of reasons and the UDRP is there to solve such disputes. A legal framework has been formed by the UDRP, where they regulate and solve disputes between registrants of the domain name; a third party involved in the conflict is the one that abuses the registered name. The third party utilizes the domain name, without registering it or uses a domain name that comes at the top of generic domain names. Thus, if an individual or a firm files a claim with the UDPR, about a generic top-level domain, that is also called gTLD, then the UDRP has guidelines that they can follow, to resolve such a matter.

There are three things that the UDRP can do, if they want to resolve disputes; the Administrative Procedure lays down the framework for UDRP and the complaints they can take or consider as a conflict. This means that every conflict that arises due to domain names, cannot be investigated by the UDRP, and even they have some restrictions.

Firstly, the domain name that is registered by the registrant of a firm is the same or has similar features to a trademark or a service mark; in this, rights are given to the complaint and the UDRP can investigate the matter further.

Secondly, if the registrant of the domain name has neither the rights nor legitimate interest regarding a domain name, that is included in the dispute, then the UDRP can take this conflict and resolve it.

Thirdly, if the domain name that has been registered is being used by someone in bad faith, then this is conflicting case that can be taken by the UDRP. An example of such a case would of a domain name that has been registered so that it can cause problems for other businesses. A business may run a website only to trouble their competitors or launch content against them, which shows that the domain name is being used in bad faith.

The existence of the UDRP is for the purpose of helping those businesses and firms, who are faced with the problem of other businesses and firms abusing their domains.