With consumers relying more and more on the ability to research
and buy products and services online, retailers are under
considerable pressure to reconfigure their business plans in
Online shopping is now mainstream and businesses must maximise
their online presence in order to compete effectively. Domain names
are a critical part of this picture as a domain name can
significantly broaden a brand's visibility online.
Without a domain name, a business will struggle to effectively
promote itself on the Internet. Registering a domain name, together
with a trade mark and business name should be the first priority
for a new business as it can differentiate a business from its
competitors and protect that business' brand online.
A domain name is a unique name that corresponds with an Internet
Protocol address. The right to use a domain name is delegated by
domain name registrars, which are accredited by the Internet
Corporation for Assigned Names and Numbers (ICANN), the
organisation that coordinates these unique identifiers across the
Domain name registrars usually charge a fee for the service of
delegating a domain name to a user and providing a default set of
name servers. While registrants of domain names are often referred
to as owners, unlike the rights granted in respect of trade mark
registration, registering a domain name does not give a person any
proprietary rights in that domain name. For example, if you
register a domain name, you do not automatically have the right to
use that name as a trade mark. Rather a domain name registrant is
only granted an exclusive right to use the domain name for the
period for which that person is registered as the registrant. We
advise our clients that it is always preferable to register a trade
mark in respect of the goods and services associated with their
business, in addition to registering the domain name if the
particular mark is eligible to be registered.
Most registrars offer to automatically renew your domain name.
Auto-renewal is a convenient way that registrants can avoid
exposing their domain name to registration by other competing
business. We recommend that clients select this service because
auto-renewal will also help to prevent the expiration of other
services associated with that business' domain name such as
website hosting and email services. Service interruptions of this
kind can cause significant harm to a business and consumer
confidence in that business and brand.
If you are thinking of starting a business or you have
any existing business that is about to go online and you would like
to discuss how to best protect your brand online contact our
specialist IP team at Swaab.
The issue of recording telephone calls was recently considered in the Federal Court in Furnari v Ziegert  FCA 1080.
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