Domain Ownership Protection Questions Answered
One of the questions about the ownership of the domain that I have been asked was whom to register a domain name to?
The issue for the organization is not easy. During the registration of the domain for an organization is necessary to consider the legal questions – about the domain owner, the trademark to prevent potential conflicts.
Here is the information about the domain ownership that will help with the decision making when registering a new domain or reviewing the status of your current domain.
About domains and Trademark
In the case, if the domain is the same as the registered trade mark, when filling out the domain owner the right decision is to select the owner of the domain name is to select a person or entity that is the trademark owner. This step makes sense to do that. This will prevent possible disputes situations where there are different parties are involved are the owner of the domain, and the owner of the trademark.
Based on the current judicial practice, it is obvious that the owner of the trade mark is likely to win the ownership of the domain in court. Generally, for companies that plan to do registration of trade names, or so called trademarks, it is important to do registration (reservation) of the domains in all the right domain areas before submission of applications for registration of the trademark.
In the future, it will help to save lawyers expenses, as well as reserve a domain name that matches the name of the brand. It is important to emphasize that when writing the name of a trademark can be ambiguous, then it makes sense to reserve the domain, specifying the all possible or the most probable variant spellings of the domain.
About the Domain Owner
About the hired employee who is the domain name owner
Every day we have situations where the organization registered the domain for their employee, often by the system administrator or programmer. The domain name of the company, as a rule, is well-known and visited site. In that case, if the employee retires or encounters various disagreements with the owner then the conflict associated with the domain name is obvious. Moreover, in such a situations to win a negligent employee company domain will not only be extremely difficult, but also quite expensive. Cases such as this type of situation has arisen in connection with the dismissal of the head of it, was the owner of the domain name of the company. The conflict between the lay off salaried director and owner of the company is evident. The owners of the Company reasonably avoid such conflicts in advance, isolating salaried employees, including with leaders from the ownership of the domain of the company.
About the owner of the domain name company who is a shareholder of the company.
In this case, if the company has one owner, Problems often arise. In the event that the company has several owners, it could potentially have problems with domain in case of sale of shares by way of a shareholder, or in the event of a shareholder of the company. In this situation it is reasonable to immediately register the domain of the company, indicating the owner of the company itself or the step by step procedure to take steps to transfer ownership of the domain of the company – the company as a legal entity.
Companies disappear, domain names remain
Not all entities have the ability to survive in a rather difficult financial circumstances. You can close the company to reorganize, or declare the bankruptcy. But the domain of the company can continue to live a long time, in most cases, it is simply necessary.
Before you reorganize or close corporation transfer ownership of the domain owner of the company – a legal entity or a person. If you do not do that, when the company, who is the owner of the domain name, does not already exist, there are some serious problems with the procedure of transfer of the ownership rights of the domain name to another person.
In this brief article it is simply impossible to describe all the potential situations that are associated with ownership of the domain. I hope that the information you read will be useful, and will also help you avoid problems with domains ownership in the future.
Here is the brief summary of ownership of the domain name:
- it is desirable to specify the owner of the trademark as the owner of the domain name that is associated with the brand;
- register domains before you file the application for registration of the trademark;
- before you close the company you should transfer the domain ownership to another person;
- it is necessary to register a domain owner as the sole owner of the company, or the company itself.