Mastering your own domain is the dot-name of the game

Anyone wishing they could have a single digital identity for all electronic communications better act fast, because the ".name" domain name competition has begun.

Overcrowded suffixes such as ".com" and ".net" have been the means by which businesses and individuals, as well as cyber-squatters, have established a presence on the Internet. The rapid expansion of the Internet and the rising proficiency of its users have compelled a fresh method of sorting domains to alleviate the congestion and better meet the realities of the market.

The Internet Corporation for Assigned Names and Numbers, http://www.icann.org, the Internet's managing authority, has announced the availability of a much-anticipated, new top-level domain: ".name." It's designed to balance intellectual property rights and free speech in cyberspace.

The dot-name space is zoned for use by individuals, those who represent deceased individuals or those who own the rights to fictional characters. Although an individual must hold trademark or service mark rights to register a fictional name, any person theoretically can register his or her own personal name upon certification that the name sought to be registered is indeed the applicant's name or a name by which the applicant is commonly known. In either case the domain names will take the form "firstname.lastname.name" or "lastname.firstname.name" (i.e., not just "lastname.name").

While artists such as Prince and Madonna may face a conundrum, many options exist for people with surnames, as long as there are two dots in the domain. For less than $30, a person named Robert Hill can register robert.hill.name, r.hill.name, bob-by.hill.name or even hill.bob.name.

Similarly, if a business or product has a personal name associated with it, the business can register the corresponding domain name, such as samuel.adams.name. To make the domains more attractive, registrants can select an e-mail forwarding service that will enable dot-name registrants to forward their e-mail to one account using a memorable and meaningful address in the form of Robert@Hill.name.

While the certification requirements may lend support in disputes against bad faith registrations, the restriction will not stop someone from registering a name in which they have no legitimate rights. Therefore, the London-based domain name registry managing the rollout of the ".name" suffix, Global Name Registry Ltd., http://www.gnr.com, also has announced the dates and procedures designed to protect trademark owners, prevent consumer confusion and minimize unfettered opportunism.

Consisting of two phases, GNR has opened the dot-name space by launching the "Sunrise Phase," whereby each applicant can qualify for two IP protection services by showing a validly registered trademark issued before April 16, 2001.

The first protection service is called "Defensive Registration," which allows trademark holders to block or remove registrations that contain a specified mark or letter sequence from the dot-name space for up to 10 years. Defensive Registrations were only available through Dec. 17, 2001, and it is currently unresolved whether the service will be available to trademark owners in the future.

A second IP protection offering, "NameWatch," monitors specified names and strings for enrolled companies and individuals who wish to be alerted via e-mail when a particular word is detected in any dot-name domain that potentially conflict with a protected mark.

Although NameWatch does not require proof of a registered trademark and will be offered indefinitely, the service will not prevent actual registration by someone with no legitimate rights.

Running concurrent with the Sunrise Phase are the "Land Rush" phases, in which dot-name domains and e-mail forwarding are available for pre-registration. The first Land Rush batch-processing ended Dec. 17, 2001. The second Land Rush began the same day and will continue through Jan. 15.

If duplicate applications are submitted for the same domain name GNR will award the domain by lottery selection rather than giving priority to the first application queued. This process will continue until the registries begin real-time registration in spring 2002. The first set of dot-name addresses will go live on Jan. 15, 2002.

Because dot-name addresses will be awarded randomly during the Land Rush, well-known figures, companies with personalized names and those with valuable trademarks are encouraged to consider utilizing IP protective services, particularly NameWatch, straight away. Otherwise, they may face problems if a dot-name registrant actually has the same name because they will not enjoy any greater rights to a dot-name domain name than anyone else.

For instance, if there are two Faith Hills vying for faith.hill.name, the musician Faith Hill will not trump the less-famous namesake because both women would have justifiable interests in the domain.

Although new and existing legal and administrative remedies will continue to be available as the Internet address system expands, early registration and monitoring of your name or mark in the new top-level domains remains the most effective and economical way to maximize the chances of securing the ideal domain name and diminishing the risk that it will be exploited by others.

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