Domain Name

1. Domain Name
A domain name is “an address on the Internet”.
That is, domain names are alphabetical addresses to stand in for numeric IP addresses which identify a computer on the Internet. Domain names allow Internet users to send an e-mail and find Web Sites.

(1) Structure of Domain Names (underlined part is a domain name)
･kenzo@patent.co.jp (e-mail address)
･www.kenzotokkyo.co.jp (Web address)

Generally, “www.” indicates communication means, and “.com” indicates an organization to which the registrant belongs. Therefore, a domain name is distinguished, in the above example, by the part “kenzotokkyo”.

(2) Domain Name SYSTEM (DNS)
Domain names must be translated into IP addresses for communication between computers on Internet in order to conduct e-commerce using domain names. Domain name system (DNS) is a system for associating the domain names with IP addresses (numbers separated by dots).

2. Type of Domain Names
The domain names used at present are roughly classified into a generic top-level domain and a country code top-level domain (e.g. “co.jp”).

(1) Generic top-level domain (gTLD)
There are various kinds of generic top-level domain. Examples are domains which can be used by anyone in the world; domains for individuals in which registrations are allowed by fulfilling certain conditions; and domains for specific organizations. (e.g. “.com” “.net” “.org” “.asia”)
(Cf.) “.asia” is a newly-made domain for the Asia-Pacific region and attracting attention of companies hoping to obtain global brand as a domain helpful in brand strategy.

(2) Country code top-level domain (ccTLD)
A country code top-level domain is a top-level domain used or reserved for a country or a dependent territory. There are approximately 250 country code top-level domains.
The country code top-level domains are roughly classified into two categories. One of them is a ccTLD in which registrations of domain names are opened for all the world (e.g. “.tv” “.to” “.cc”). The other one is a ccTLD in which registrations of domain names are restricted within a country or a dependent territory (e.g. “.au” “.us”). A JP domain name “.jp” is a country code top-level domain for Japan.

3. Registration of Domain Names
Domain names can be used by registering at the registrar. The registrars vary according to the types of top-level domain.

(1) Registration of Generic Top-level Domain (gTLD)
The registrar (institution which receives application for domain names from a registrant) registers the registration data to the registry (institution managing all the database of registered domain names). In this way, the registrant can be offered a registration service.
If a registrant hopes to register a domain name, the registrant must select a registrar among a plurality of registrars. When the registration is completed and the registered domain name is identified by a name server, the registrant can use the domain name.

(2) Registration of Country Code Top-level Domain (ccTLD)
The registration services of country code top-level domain (ccTLD) vary according to the policies of the registries. Registrations of “.jp” which is the country code top-level domain for Japan are performed according to the registration law of the registry (JPRS).
That is, JP domain names need to be registered via accredited registrars or need to be registered directly to JPRS.

Organizational Type JP Domain Names, Geographical Type JP Domain Names: One organization can register one domain name in principle. Conditions necessary for registration vary according to types of domain names.
Generic JP Domain Names: A plurality of domain names can be registered by an individual or an organization. Registrations are allowed if the registrant has a physical address in Japan. Domain names with Japanese character can be registered.

4. Protection of Domain Names
(1) Necessity of Protection of Domain Names
The registrants are generally free to select an unallocated domain name without any probation. Domain names are alphabetical addresses to stand in for numeric IP addresses. Therefore, the registrants can register any domain name which is not allocated.
This leads to the unjust use of a domain name. That is, there are cases in which a person registers, in bad faith, a domain name that is identical or similar with a famous name, trademark and company’s name without permission.
As described above, generic JP domain names with Japanese character can be registered. This can lead to further confusion. For example, there is a possibility that a domain name registered unjustly is sold at a high price.

(2) Measure of Protection
Demand for injunction and demand for damages in violation of The Unfair Competition Law

Arbitration
Uniform Domain Name Dispute Resolution Policy adopted by ICANN (Internet Corporation for Assigned Names and Numbers) sets forth the terms and conditions in connection with a dispute between the complainant and the registrant over the registration of domain name. And the complainant can seek arbitration from the administrative-dispute-resolution service providers approved by ICANN.
In Japan, Japan Intellectual Property Arbitration Center (comanaged by bar association and patent attorneys association) arbitrate a dispute over registrations of JP domain names.

A complainant must establish
(a) the registrant’s domain name is either identical or confusingly similar to a trademark or service mark in which the complainant has right;
(b) the registrant has no right or legitimate interest in respect of the domain name; and
(c) the registrant’s domain name has been registered and is being used in bad faith.