By: Carlos M. Salazar

Nowadays, there are different criteria regarding legal protection of Domain Names.

The Domain Name is a way of having access to the well known global computer network denominated Internet; such Domain Name is composed of certain letters and/or numbers that identify ownership of the Internet web site, so that the global consumers or network users can easily access the web site, in which they can be advised of information about goods sold and/or services rendered by the owner.

Due to the great number of network users involved in this advertising system, unfair competition has grown up.

However, there is no law in our country to regulate the grant of Domain Names.

In this regard, it is important to outline that the handling of Domain Names implies the use of certain letters and/or numbers that allow network servers to access within a web site address in which information related to goods and/or services is being advertised. However, this web site address can be similar to any other web site address distinguishing the same goods and/or services.

The problematic on the granting of Domain Names relies on the competence of private sectors, which lack authority. Accordingly, there is no legal parameter which can rule this Domain Name granting in Mexico.

It is important to outline that the graphic composition of Domain Names could be so similar to any other, that network users could be confused when having access to web sites. However, the company in charge of granting Domain Names only considers the graphic differences which involve the use of different characters among certain domain names.

This means that examination for granting Domain Names is only performed on the grounds of computerized differentiation rules.

This situation should involve Governmental Authorities so as to be concerned about a fact, which implies a great risk among network users within a global market.

Regardless of the great efforts made by NSI (Network Solutions Inc.), the U.S. company authorized to grant domain names, to avoid unfair competition among network users, great deficiencies still exist as to their regulation. Furthermore, authorized companies from every country where this service can be reached, have not unified their granting criteria. In consequence, network users lack adequate protection in this regard.

"The content of this article is intended only to provide general guidelines related to this particular matter. For your specific circumstances, full specialist advise is recommended"