WHAT IS A DOMAIN NAME?

Each computer linked to the Internet is identified by a unique Internet Protocol number (IP) made up of four sets of digits. The IP number is in essence the "address" of the specific computer. A Domain name is simply an easy-to-remember alias for an IP number. Simply put, www.law.co.za is easier to remember than 198.123.1.1.

HOW WILL A DOMAIN NAME BENEFIT ME?

The Internet has developed into a primary marketing and communications tool for many businesses. According to predictions, in the year 2002, 948 million people will be Internet users, all within reach of a desktop PC. Your company's web page, hosted by a distinctive domain name, will ensure that you have access to this global market.

WHAT IF I ALREADY HAVE A DOMAIN NAME?

To ensure that your intellectual property is afforded the best protection on the Internet, we recommend that a domain name be registered in each key-trading jurisdiction of your company. We suggest than an international domain (.com) be supported by a National top level domain name in the country of principal business (South Africa = .co.za).

WHAT IF I DO NOT HAVE A WEB SITE?

The importance of registering a domain name now is that when you decide, at some future time, to have a web site, you will be entitled to use your trademark and/or company name as a domain name. A point to remember is that many domain name registries require that name servers are supplied and set-up before registering a domain name. If you do not have a web site, and hence no name servers, we will host your chosen domain name on a default web site informing your clients and customers that your web site is currently under construction and will be available sometime in the future.

ARE THERE ANY DISADVANTAGES IN NOT REGISTERING A DOMAIN NAME?

There may well be. Domain names are registered through Network Information Centers (NIC's) throughout the world. Due to the lack of governmental control of the NIC's, your company name and/or trademark/s can be registered by third parties as their own domain name.

In this regard it is important to note the following:

• The registration of a trademark does not guarantee that this trademark will be available to you for registration and use as a domain name
• Domain names are registered on a first come first serve basis
• The use of a domain name can constitute trademark infringement
• Ownership of multiple domain names is permitted. Multiple domain names can be linked to a common web page

Early registration of your trademark and/or company name as a domain name has the following advantages:

• You will prevent third parties from registering your trademark and/or company name as a domain name, thereby minimizing the chances of costly future litigation
• Your distinctive domain name will assist clients and customers in locating your web page
• A distinctive domain name is an asset to your company

Firstly, you may have a legal recourse against the domain name holder should the use of the domain name constitute trade mark infringement or passing-off. A trade mark attorney will asses the merits in each given case and advise you on the chances of success in retrieving your domain name through legal proceedings.

A second option would be to approach the holder of the domain name with an offer to purchase. We will either approach the holder on your behalf or assist you in locating the contact details of the holder should you want to contact him/her personally. Once the offer to buy has been excepted we will act as a neutral third party to insure that the seller gets his/her payment and the buyer receives ownership of the domain name.

Should you have any further questions that relate to our domain name administration service please contact us