Internet Newsletter for Lawyers |
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The Internet is a vital part of the global business infrastructure, with businesses now reliant on web and email. Consequently the domain name system is of critical importance – without a domain name, companies simply cannot communicate via the Internet.
It is important to note that the domain name system is by no means fixed; new top level domains are always being proposed while others, such as .su - the old country code top level domain for the Soviet Union - are being threatened with removal.
At the moment, there are two new top level domains that are relevant to lawyers
in the UK and Ireland - .pro and .eu
(say them dot pro and dot eu).
See also the earlier articles in the newsletter,
September/October 2002and May/June 2003.
.pro was one of seven new top level domains introduced in 2001. Bundled with a secure digital certificate – allowing for encrypted communications via email – the domain space was designed exclusively for use by professionals.
.pro domains were finally made available at the start of June 2004, but are, at this stage, somewhat restrictive in terms of the registration criteria. The US-based administrator of the domain, RegistryPro, (www.registrypro.pro) is currently only making domain registrations available to three kinds of US-based professionals – attorneys, doctors and accountants. So, for the present, UK lawyers are not eligible for a .pro domain.
In the meantime, all UK businesses – not just lawyers - can register a ".ProBlock Intellectual Property Defensive Registration" for themselves. This is designed to prevent other entities from registering a domain that might infringe their IP rights and effectively allows them to reserve a name until RegistryPro extends the eligibility requirements. However, in the meantime, RegistryPro's rules prescribe that it cannot be used for services such as email or for web pages.
Some industry commentators have questioned the value of .pro noting that given its limited availability it is hardly expected to eclipse other domains, such as .com, in popularity either with professionals or clients. In addition, the defensive registrations have been criticised, being seen by some as a cynical ploy to generate revenue through registrations that cannot be used for a practical purpose, to defend against a non-existent threat, given RegistryPro's registration restrictions.
So should British and Irish solicitors and barristers be rushing to buy a .pro or advising their clients to register blocking domains?
Well, frankly, no. Given that it has taken three years to merely launch the domain in the USA, it is unlikely to reach this side of the Atlantic any time soon. So UK and Irish lawyers might be best advised to ignore the hype and carry on with .com. Furthermore given the restrictiveness and expense of domain registrations, speculators and cyber-squatters are unlikely to target brands in this space, so defensive registrations are probably not necessary except for the most widely known global brands.
The introduction of .eu has taken some time, with the domain originally being announced some years ago. In May 2003, Brussels-based EURid (www.eurid.org), an entity made up of a consortium of the Swedish, Italian and Belgium country code naming authorities, was appointed by the European Commission to run the new domain with responsibility for appointing registration service providers and other technical issues.
EURid are currently in the final stages of contractual negotiations with the Commission and are thrashing out the details of the Public Policy Rules (PPR) for .eu which are being drafted in consultation with the Member States.
Once that is finalised they must then go about getting the technical aspects of the domain arranged by negotiating another agreement with the Internet Corporation for Assigned Names and Numbers (ICANN) - the authority that oversees the introduction of new domains into the domain name system's "root".
After the legal and technical stages have been completed, the domain will be launched with a "sunrise period" possibly in September 2004. During this period, holders of valid trade marks will be able to register domains before they become available on a first-come-first-served basis a few months later. This system was utilised when other TLD's, including .biz or .info, were introduced and was moderately successful in ensuring trade mark holders got first bite of the cherry before the domain speculators moved in.
.eu will, however, differ in that there will be requirements for registrants to have their sunrise applications verified by a EURid-appointed "Validation Agent" to avoid fraudulent submissions. Once past this stage, trade mark holders will still not be guaranteed their domain. If there are competing applications that pass the validation regulations, the domain will be issued to the first trade mark holder who applies. Therefore the timing of domain applications during the sunrise period will clearly be critical.
Other questions, such as whether Member States' trade marks will carry the same weight as Community trade marks during the sunrise period have not yet been settled, but given the thoroughness of the Commission's preparations so far, it is likely that trade mark holders will be suitably catered for.
As with all new top level domains, it is uncertain how popular .eu will be – that will depend on how the domain is marketed and how it captures the public's imagination - but trade mark holders and their advisers should keep a close eye on developments to ensure their intellectual property rights are properly protected in the new space.
Tim Brown is senior domain name consultant with Edinburgh-based Demys
Limited (www.demys.com), who as well as working on Internet brand matters
for their international clients, also produce a free domain news service for
business (www.demys.net).
email t.brown@demys.com.
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