Basics of domain name law:

Domains can be addressed in different spellings, namely as a particular numerical IP numbers (eg 192.168.1.1) or letters (eg dieDomainrechtler.de). "DieDomainrechtler.de" set the Domain Names dar, the underlying IP number is not relevant to this legal view of the domain name, but for the technical understanding and use of the domain name. Using the domain name is a unique identification of devices within a particular computer network.

In particular, the identification of an Internet domain name server that were – similar to a trademark – introduced and have become established.

The domain name as such has nothing directly to do with the contents of a web presence and consequent rights issues. Rather, the domain name will replace only a very first IP number, the protocol-controlled trigger the different Internet services in turn by further addressing.

Each domain name consists of at least a predetermined fixed top-level domain and a selectable second-level domain: In dieDomainrechtler.de represents "dieDomainrechtler" second-level domain, tie "." Top-Level Domain. Moreover, a domain owner free subdomains choose another.

The right domain name plays essentially related to the second-level domain, a role, but may be of importance in other subdomains (about the issue of trademark infringement by using a brand or as a third level domain for the identification of a single website).

The term domain law is used in the rest of usually short for Domain Name Law. Most judicial decisions in the area of ​​domain law revolve around domain name law and in particular the question, owns a particular domain "want".

Through the use of a domain when trading their own absolute rights to the domain can arise in favor of the user and / or the domain holder.

What is to observe at least to foreign rights?

In summary must be in the right domain name for the domain registration, The domain trading or deposit of content to note the following domains:

• The domain name must not lead to foreign brands (z.B. coca-cola, Bounty, Haribo, Swatch etc.), Companies (Ford, Sartorius, Shell, Volkswagen etc), Business names, Title (movies, Software etc), Name (persons, Celebrities, Artists, Bands etc.) contain or other rights of third.
• The domain name must not consist of community-, Towns- exist or region name; Additions of domain names can possibly be allowed, require in doubt, but a clarification of the eponymous local authority.
• Terms of regulatory agencies or public authorities or their parts are also to refrain.
• Typosquatting (Typo domains), Cybersquatting and domain-generally is not permitted.,
• To the points raised similar domain names or common abbreviations of foreign laws are risky.

As always runs the domain registry?

The Registrar or Domain Registration begins with the selection of an allowed domain name, The key aspect is the case of a corresponding Registrar then (Domain Service Provider) mostly online in a web form commissioned registration request, of the Registrar in his capacity as a contractor or a member of the contracting authority, a Registry (in Germany for DE Domains DENIC e.g.), forward it to the contracting authority. The awarding authority "registered" under at least administratively connected by their top level domain claimed by the Registrar on behalf of the customer second level domain and this requires more data already, such as name server, which must be entered in the parent database, thus the result of the destination address of the name server on the Internet unique addressing a webpage content at all possible. The entire process can be completed within a few minutes.

What legal relations follow from the Registrar?

The domain owner is usually immediately contractor at his registrar, in turn stands as the domain service providers have contractual relationships with the respective registries. The Regsitrys in turn are bound by contract to the next higher level of the Domain Name System, so be prepared from the perspective of the domain owner grants of the respective rights and restrictions as difficult to see through. Here each Registrar is not bound by the same contract to all registries, but the respective registrars typically have only a few registries mainly individual contracts and, accordingly, may not offer all Top Level Domains. In addition to the domain owner is often – as for in Germany. DE Domains – demanded another contractor, must meet the specific requirements and – as the domain holder may be liable to.

Depending on the legal questions are therefore the relevant contractual provisions to examine individually. It is indeed often used by the registries and higher levels of terms such as "procurement directives" or similar, that suggest, if it were generally accepted rules, which would act against anyone. Since the registries but predominantly privately (DENIC E.G: For example, as a cooperative) organized, Anyone able to set it up no sovereign rules. In the case of. European Union, however, the European Commission adopted normative "guidelines". The awarding body EURid is non-profit organization "asbl / vzw" under Belgian law. Also there are private-contractual, individually ausgestaltbare regulations.

It must always be determined in the legal examination of any question of law relating to the Registrar, the applicable contractual terms, which may also be subject to change over time. This agreement content can be superimposed by domain-specific regulations.

You can specify the detailed rules directly from us.

What are the rules of the registries of?

Example, we have some rules DENIC. (to. DE Domains) and EURid (für. EU Domains) onto http://www.dieDomainrechtler.de deposited.

What to consider when choosing your domain name?

Course may by domain names, are to be found in the use of trade, no third party rights are violated. Domain-, Cybersquatting or typosquatting is to refrain.

However, there are also rules about the content of a domain name. These schemes are of top level domain top level domain to fundamentally different. Although there are some general requirements, which are determined by the coordinating bodies related to the registries. In addition, the contractual provisions of registries and – from the perspective of the end user – December Registrars. These requirements typically include the question of the minimum required number of characters, what special characters can be used as etc.

Since each domain can only be used once, to allow unique addressing, needs before registering a domain a WHOIS query at the respective registry or a Whois service, as http://www.betterwhois.com , performed.

Can anyone register a domain with any extension?

No, because many requirements of the registries cause, that use of any extensions in the form of top-level domains without special precautions resigns. Shall be provided for the registration of a. Com at least the admin-c or domain owner specify a German address. Are part of the registration own brands- Company or rights required. However, the exact conditions are subject to constant adjustments, so that it presents itself as a recommended, look up directly at the respective registries, the conditions that currently provide these each.

What name server entries are required?

Only by registering the domain in the domain registry is not the Internet address known as. Rather, this must be set to at least one nameserver (or. according to the specifications of the registry) the domain be registered in a sogeannten zone file and be registered in the parent domain, a reference to those name servers. These NS resource records are automatically registered by the Registrar and specified part of this, using the name servers. However, use your own name servers and / or even the end user – usually through a form – purport. However, a false entry leads to the domain untraceable. Must even for non-unused domains – due to the requirements of the registries – Name servers are specified.

By this meaning of the name server creates additional legal regulation is needed, if the end user does not use their own name servers and even enters.

How long does a domain is registered?

It is up to the contractual freedoms under the law to agree by grants of the respective level of the DNS hierarchy a certain period. This can – as permitted by the registry – amount to several years, which have emerged as a control contract period one or two years.

How to release a domain?

In the case of non-payment of the registry fee is typically first to release the blocked domain for a fixed predetermined period, where they can be activated again within this period the domain holder. Only after the domain is finally released in compliance with a further release period of a few days.

Precaution: There are spider, secure the shared domains automatically domaingrabbers, as it can be assumed, that once registered domains may also be of interest for a second time. Before the release of a domain, therefore, recommends a detailed analysis.

What can we do for you?

The processed by us domain law includes in particular the following activities:

• Domain procurement law (implementation and legal advice in connection with the awarding of domains, Clarification of the requirements of the award of a second level domain with any Top-Level Domain, Acquisition or release of domains)
• Domain Name Law (legal security of the domain name along with research and protection of domain name, Use of descriptive domains or additives into domains, Domain names and other personal injury collision method, brands- name and legal protection)
• Domain Commercial Law (legal form to the- and selling domains, Domain Due Diligence, Domain Licensing, Domainsharing, textual content of the domains through media compliance, and mandatory, Terms and Conditions, Contract law)
• Domain Procedure Law (Domain-Abmahnungen, Domains trial, Domain Dispute Resolution / Arbitration)
• Domainmanagement (Portfolio Management, Process management domain of collisions, Domain name monitoring)
• Domaintechnikrecht (Telecommunications Law, technical media law)