A South Korean bank was recently reported by the BBC news service as offering mortgages using domain names as security. Loans of up to 30% of the assessed value with a maximum of US$25600 were obtainable. Furthermore, there is now an ‘Association of Certified Domain Name Appraisers’ who purport to regulate those individuals offering domain name valuation services. An objective observer reading these items would believe that a domain name must be a form of property in which rights may be bought and sold. As this is not legally correct, questions are raised as to whether a mortgage is the right means of obtaining security over a domain name.
Much has been written about domain names and their relationship with trademarks. There are obvious similarities. The value of a good domain name has been recognised for some time, which is the reason that trade mark owners get so exercised when they see others making use of, directly or indirectly, their valuable intellectual property. The
