Initial searches of the Whois database of domain names.

ICANN requires each registry to maintain a "WHOIS" public database and display a domain name holder's contact information. The public WHOIS database is accessible by anyone, 24 hours a day, and includes the following information:

·         The domain name holder's name and address.

·         Address, phone number and e-mail address of the domain name contacts.

·         Date of the domain name registration.

·         Date of the most recent update to the domain name record.

·         Date when the domain name registration will expire.

·         Host name and IP addresses for the domain name servers.

Some registrars therefore operate a "privacy service" where they assign alternative contact information (an alias) to a domain name holder which they post in the WHOIS database while maintaining the true record "behind" the alias themselves.

Also, a recent development is that most registries have been advising that potential domain registrants only use trusted WHOIS lookups, because some people looking to buy a particular domain name and 'searching' through a WHOIS lookup to see if it exists have found that the domain that they were searching for has been registered by another party very shortly afterwards, suggesting that their search was not secure.

Practical issues on registering a domain name:

·         Register via an accredited registrar or a registration company, looking at:

·         cost;

·         simplicity; and

·         ancillary services available (for example web hosting, choices of static/dynamic IP addresses, site promotion and name management).

·         Consider what name or names should actually be registered, for example, the company's trading name, any trade marks (if different), obvious variants and typical misspellings.

·         In addition to registering gTLDs, consider registering ccTLDs in each of the countries in which the company does business (and in the case of ccTLDs, consider whether there is a requirement to have a local presence in the country concerned).

Consider what trade mark and domain name searches should be carried out before registration, and how these might be carried out (for example, trade mark searches in place of registration and domain name availability searches).

Further Considerations:

·         Ownership. Who is recorded as the registrant of the domain name? Unlike trademarks, patents and registered designs, domain names are not actually owned by the registrant. The registrant merely has a contractual right to use the domain name under the terms of the registration agreement with the registrar.

A registrar is an organisation accredited by generic top level name registry or by a country-code top-level domain (ccTLD) registry, to manage the reservation of domain names according to the guidelines of the designated domain name registries. A generic abbreviation in a domain name originally used to describe the nature of the applicant; for example .com (which indicates that a domain name is a commercial entity), .edu (indicating an educational establishment) or .gov (a government body).

The rules of some country code top-level domain registries (for example, Japan, Singapore and South Korea) do not allow non-residents to register domain names under their top-level domain. In such circumstances, it is often the case that domains will not be registered by the entity that is actually using the domain names and they will instead be registered through a proxy who is resident in the relevant jurisdiction.

·         Renewal date. When is the renewal date for the domain names? The buyer should check whether any of the domain names used by the target business are due for renewal before completion of the transaction, or shortly afterwards.

·         Transfer to the buyer. The buyer will need to ascertain the formalities required to transfer all of the domain names in the portfolio to it. If some domains are held by a proxy, then the seller will not be able to procure the transfer of those domains to the buyer unless the buyer has registered entities in the relevant jurisdictions.

·         Registrar. Who is the registrar used by the current registrant? The buyer should consider whether it wants to have the domain names transferred to its own registrar.

All articles are for general purposes and guidance only and do not constitute legal or professional advice.

Copyright 2011 Anassutzi & Co Limited. All rights reserved. Information may be shared or reproduced only if accompanied by the author’s name and bio.