THE NAME GAME
If you’re setting up a new business or product, you will probably want a domain name and attention-grabbing website early on. It can be daunting if “computer stuff” isn’t your area of expertise. But the process isn’t actually too difficult, says Damian Br
When coming up with a name for your new business or product, keep domain names in mind. It will be a lot easier to obtain a domain name that’s already available than realise later on that your name is already taken online.
Think about names that are easy to remember and spell, and try to avoid words that don’t read well when strung together. Some business names don’t make for great domains, as stationery company Pen Island learned.
You may want to come up with a shortlist of possible names, in case your first choices are already taken. If there is a domain name you think you might want to use in the future, consider getting hold of it now, even if you don’t intend to use it for some time.
SO HOW DO I GET ONE?
Domain names usually don’t cost a lot to register, assuming you don’t have to buy them off the previous owner. Your intellectual property manager can keep track of your domain names for you and make sure they are renewed on time, especially if you are planning on having a lot of them.
They can also help you obtain further domain names that may be of interest to you. Someone who’s experienced in working with registrars and purchasing domain names might be able to negotiate a good deal, or keep an eye out for new domains you may be interested in adding to your suite. Having a management system for your domain name(s) is imperative. Letting a name lapse can be a serious problem for a business.
SHOULD I TRADEMARK MY DOMAIN NAME?
You want to make sure your domain name works together with the rest of your intellectual property, including your trademarks. But should you try to register a trademark for your domain name? For example, you might already have a trademark for AMAZING WIDGETS, so should you try and obtain a trademark for www.AMAZINGWIDGETS.co.nz? In most cases, this is unnecessary. If in doubt, you can always talk to an IP lawyer to work out which trademarks will be of most value and how these should complement your business’s domain names.
WHAT’S THE TRADEMARK CLEARINGHOUSE?
It’s likely you’ll want to register or protect domain names that contain your important trademarks. This is particularly important right now, in the lead-up to the release of hundreds of new global top-level domains (gTLD).
From this year onwards, a huge amount of new internet “real estate” is going to become available. The Internet Corporation for Assigned Names and Numbers (ICANN) has created the Trademark Clearinghouse, so that trademark owners can 1) get priority during Sunrise Periods, to register newly available domain names that match their marks, and 2) receive automatic notification if anyone else tries to register a domain name in any new gTLD that matches their marks.
There are only a small handful of registered Clearinghouse agents in New Zealand (we’re one of them) who can help you decide if the Clearinghouse would be of value to you. One of the first domains expected to open to the public is the “.kiwi” space – many New Zealand business owners may want to own the “.kiwi” equivalent of their domain name.
HAVING A DOMAIN NAME DISPUTE?
If you think someone is unfairly using a domain name that you have rights to, you have a number of avenues for complaint. In many cases an IP lawyer can assist you in getting a fraudulent site taken down, or have the domain name transferred to your ownership. These situations can get complicated, especially where international disputes arise.