Gavel
Relaxed control on domain names could spell legal headaches for UK businesses

Relaxed domain laws may fuel legal costs

Experts warn that changes could tempt new cyber-squatters

Written by Neon Kelly

The loosening of restrictions on internet domain names could lead to a boom in cyber-squatting and increased costs for UK businesses, say legal experts.

Last week the Internet Corporation for Assigned Names and Numbers (Icann) relaxed strict controls on the use of “top-level” domains, such as .com and .co.uk. In theory, this would allow individuals and organisations to create custom suffixes, such as .car or .melon, by becoming a registry for that extension.

Advertisement

Applicants will be required to prove their ability to operate as a registry on a financial and infrastructural level, as well as having to pay an as-yet-undisclosed fee. The first wave of claims will then be made public, allowing other parties to make objections.

Details of how such conflicts will be resolved have yet to be revealed, but the legal community is already voicing concerns about intellectual property disputes.

“To a certain extent the lawyers involved in this area will be delighted, as they get to advise on how to conduct the process, and on any disputes that may arise,” said John Mackenzie, partner at law firm Pinsent Masons.

“But the real winners are the cyber-squatters. There is a battle for traffic, and these additional domains will put up extra signposts that really aren’t helpful.”

Cyber-squatting may be less of a problem than clashes between two legitimate claimants, said Leigh Ellis, partner at Gillhams. The authority overseeing such conflicts is likely to use a system similar to the dispute resolution service operated by Nominet, the registry for .uk domains.

Businesses will also have the riskier option of turning to the courts to protect their brands.

“The advantage of the dispute resolution service is that it’s cheap and it’s quick,” said Ellis. “The disadvantage is that you are not entitled to claim costs, whereas in legal proceedings the successful party is usually awarded them.”

A Nominet spokesman advised businesses to be aware of developments in the sector and to monitor the online presence of their brands.

Comments

White papers

Related jobs

More Accounting jobs

Spotlight

Ted Bell, Abel and Cole FD

Profile: Ted Bell, FD of Abel and Cole

The combination of the online shopping boom and a hunger...

Top 30 Accounting Networks and Associations 2008

The race to become the biggest firm on the planet...

Barack Obama Accountancy Age cover October 2008

Obama: asset or liability?

What an Obama presidency could mean for you

Find your next job

Find your next job
Salary Checker

Job of the week

More finance jobs

Newsletters

Sign up here for the very latest news delivered to your inbox. Choose from the following options:

Your next job

Have your say

Will proposed tax cuts help to stimulate the economy?
Yes
No

Advertisement

Search white papers

Search white papers

Advertisement