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.
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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.
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