Domain-name disputes increase

Firms must sharpen up domain-name management and registration practices to avoid becoming embroiled in the growing number of domain disputes, say lawyers.

The World Intellectual Property Organisation's (Wipo) Dispute Resolution Service was asked to consider 1,456 disputed names last year – a 20 percent increase. Another large increase is predicted for 2006. And over 300 complaints have been filed within weeks of the .eu registry Eurid opening its own Alternative Dispute Resolution (ADR) process this year.

The increase is partly due to the activities of certain individuals and firms that trawl the internet buying up any popular domains for which registration has lapsed, according to Robin Fry of law firm Beachcroft LLP.

Fry added that these parties are becoming more adept at winning dispute cases, which should provide an extra spur for firms to ensure they regularly monitor the status of their registered names. "There are now more startups and businesses looking for ways to make money and they can do it in this area," said Fry. "But now there is more news on issues of domain name ownership [I hope] it acts as a wake-up call to British firms."

The increasing popularity of the internet for commerce is also contributing to the rise in disputes, according to Alice Gould, partner at lawyers Wedlake Bell. She added that firms should ensure they know when they have to pay renewal fees to keep their domains.

"Registration periods for different [domain names] last different lengths of time," said Bell. "[Firms] could also employ a watching service to see if other people are registering and using domain names very similar to yours [in order to protect your brand]."

In some cases more than one party may have a legal right to a trademarked name - as illustrated by the recent disputes over Eurostar and Polo .eu domains. To secure desired domains in such cases, Bell recommended that firms should employ several registrars on a no-win-no-fee basis to bid for domains on their behalf, making a positive outcome more likely.