Domain names are essentially people-friendly addresses used to uniquely identify different computers so that they can communicate with each other. They correspond to the computer's Internet Protocol Address, or IP Address, which is comprised of four sets of digits, separated by periods. A top level domain, which appears on the right-hand side of the address, is either an organizational zone or a geographical zone. ".com" is the most familiar organization zone and, like all organizational zones, is three letters long. ".ca" is the most familiar geographical zone for most Canadians as this represents Canada. Like all geographical zones it is two letters long. It is available for those who have a presence throughout Canada. If you have only a presence in one province, you can apply for a domain with an ending such as ".on.ca" to show that you operate in Ontario or ".qc.ca" to show that you operate in Québec.
Domain names are valuable assets to any company and are closely sought after and safeguarded. Companies which conduct electronic commerce or e-commerce, like the bookstore amazon.com are primarily known by their domain name.
If you decide to obtain a domain name, you should have a search conducted through a domain name registry to see if your proposed domain name is available. You should also have a trade mark search conducted to see if the proposed domain name is identical to a registered trade mark. Domain names are registered on a "first-come" basis and the onus lies on you to ensure that your domain name is not identical to someone else's trade mark or that the use of your domain name will not infringe someone else's trade mark. You should also consider simultaneously filing a trade mark application directed to your domain name.
The law and practice regarding domain names is in a state of transition and will likely remain that way for some time. An Intellectual Property Professional can advise you with respect to this area of the law.
Copyright © R. William Wray & Associates 1999-2007 All rights reserved.
The comments contained herein provide a brief overview only and should not be regarded or relied upon as legal advice or opinion.
01/2007
