Key Points:
Trade mark owners should seek registration (or enforce
existing registrations) for brands that comprise a domain
name.
A recent Federal Court decision illustrates issues to consider
when using a domain name as a trade mark, and why trade mark
registration can provide much stronger enforcement options against
competitors than simply alleging misleading and deceptive conduct
(REA Group Ltd v Real Estate 1 Ltd [2013] FCA 559).
What is a domain name?
Every internet address, or a domain name, contains at least two
parts: a top-level domain and a second-level domain.
The top level is at the end of the address (eg. .com, .net, and
.org). There are currently 22 generic top-level domains managed by
the Internet Corporation for Assigned Names and Numbers. There are
also geographically specific top-level domains such as .com.au
which are managed at a national level.
