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  A Domain to Ease Internet Gridlock

There's a another Internet address available, which is good news if you're feeling patriotic or got caught in the initial land rush for domain names and want another choice.

Billed as “American’s Internet Address,” the domain .us is now available. It joins other suffixes added recently to ease the gridlock on the information superhighway. 

Actually, a version of .us has been around for awhile, along with other country domains, such as .de for Germany and .fr for France. But there are two major changes:

1.  The domain used to require you to list both state and locality as part of the address. For example: xyzcorp.miami.fl.us. Now, however, you can just register xyzcorp.us.

2. Non-profit and local governments received the .us address for free, but the general public can now have it for a price.

While there are no limits on how you can use .us domain names, there are restrictions on eligibility. You must be either a United States citizen or resident, or a foreign business with a bona fide U.S. presence.

Neustar, Inc. is overseeing registration, but you can apply through several other sites. Names are awarded on a first-come, first-served basis.

Regardless of whether you choose .us or any of the domains listed in the box below, remember that your name is your Web identity and should be protected. Here are some tips to help get the best possible name for your company while staying out of court:

 Choosing a name

Make it short, memorable and evocative of your business. Then, perform a search to make sure the name isn’t already registered.

 Duplicates

If the name you want is taken, check if .net, .org, or another domain is available. Internet success has historically been associated with .com, but overcrowding has made it necessary for companies to become more flexible. You can also try different variations of your business name until you find one that's acceptable and available.

              Legal implications 

    One famous and early domain name dispute involved McDonald’s. It started when a magazine writer was researching domain names in 1994 and realized that the burger giant hadn’t registered mcdonalds.com as a domain name. He called the company and warned officials that anyone could register the name.
    When the chain failed to take action, the writer registered the name and started using the e-mail address Ronald@mcdonalds.com.
    Eventually, the company realized the implications and demanded its name back. McDonald's reclaimed its name after agreeing to provide high-speed Internet access for a public school in Brooklyn.
    This was an easy resolution, but that's not always the case. Using a domain name that's even close to one that already exists could land you in court for trademark infringement.
   Worst case: You have to stop using the address and pay damages to the original owner. And being forced into a name change can be devastating for a Web business.

 Trademarks

A domain name qualifies as a trademark or service mark when it's used in connection with an e-commerce site that offers goods and services, as well as a site that provides Web-related services such as MSN and Yahoo. Distinctive names usually qualify and are protected under federal and state law. However, if your name uses common terms like salt.com or coffee.com, it isn’t likely to have trademark protection.

 Conflicts

Problems arise when two trademarks confuse consumers. The courts look at whether a consumer bought goods or services that were different than what was intended. And courts examine whether a name caused customers to wrongly believe a product was connected to a business they know.

 Disputes

Generally, you can register any domain name available, regardless of trademark issues. However, courts have generally sided with the owner of the trademark and ruled that the first commercial user owns the name.

Because .us is a country code domain, it is not subject to the rules of the governing Internet Corporation for Assigned Names and its Uniform Domain Name Dispute Resolution Policy. Instead disputes are settled under the U.S. Dispute Resolution Policy, which calls for most disagreements to be resolved by the courts, but also provides for tribunal proceedings to resolve conflicts.

Despite the crowded Web field, there are still many names to choose from. With some careful, creative consideration, you can find one that suits your business and won’t land you in trouble.

                                   Easing the Gridlock

Your chance of landing a choice name keeps getting better. Among the domains that have been added to the familiar .com, .net and .org are:

.biz           businesses. 
.pro          professionals such as lawyers and physicians.

.info         information-based services such as libraries. 
.aero         aviation and travel industries. 
.coop       non-profit cooperatives. 
.museum
    museums.
.mil         
military organizations.
.edu         
four-year educational organizations.
.name      
personal websites.

.tv
         television-related businesses

In addition to the new domain names available, there are a record number of .com, .org and .net addresses coming up for renewal. If they aren't renewed, they'll be up for grabs too.

The new domains might give your company added protection from "cybersquatters," who won't be able to grab all the top-level domains because they are restricted. For example, only non-profit cooperatives will be able to register for the .coop and only certified lawyers, physicians and accountants can obtain a .pro domain.
For more information, go to
www.internic.net

This article is provided as a service by: L.S. Sherman Litigation Consulting.

LSSLC is a group of complex litigation specialists helping attorneys prepare successful complex litigation through the management of detailed technical information and engagement of experienced testifying experts of unsurpassed quality.

Contact Linda Sherman: 610-642-7755

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LSSLC, LLC provides the information in this newsletter for general guidance only, and does not constitute the provision of legal advice or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation. 

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