Legal nature of domain names, Transfers of domain names, Abusive use of domain names Cybersquatting
Legal nature of a domain name |
The first legal question that has to be answered is the legal nature of a domain name? Is it a thing that can be owned, sold, leased and destroyed? Or is it a service that is performed on the basis of a contract between the user and sponsor? Some sources refer to domain name as a real estate in cyberspace, this is however more allegory than a legal opinion.
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Transfer of domain names |
Transfer of a domain name Because the domain name is not a thing it cannot be bought or sold in legal terms even though this terminology is frequent in a language of registrars. The transfer of a domain name can be perceived as an substitution in one party of a contract or as a separate legal institute. Nevertheless the transfer of a name is governed by the rules of the TLD and are more practical question than legal. Please read this simple manual to get general idea of how domain names are transfered. https://www.quickonlinetips.com/archives/2009/10/transfer-domain-name/ |
Cybersquatting |
Cybersquatting is the word that comprises all abuses of domain name registrations. Please follow these links to learn more about the definition and forms of cybersquatting and to be able to distinguish between cybersquatting, domain theft and same name conflicts: https://www.trademarksandbrandsonline.com/article/domain-name-theft-knowing-where-to-turn https://cs.stanford.edu/people/eroberts/cs181/projects/the-domain-name-system/disputes.html |