He had received legal notice from a prominent company, stating that he needed to relinquish his use and rights to his web site domain name because it contained three letters that infringed upon their trademark and their domain name. This same company also contacted several other Internet business owners and made similar demands.

Should a company that registers a specific trademark have ability to destroy numerous businesses that legitimately registered domain names? Should a company that registers a trademark have responsibility of ensuring that a domain name registration agency doesn't issue domain names that may be a trademark infringement? Or should an Internet business have responsibility of making sure a potential name doesn't Infringe upon a registered trademark? Where does responsibility lie?

Ultimately, responsibility lies with domain name registrant, as trademark laws that apply in hard copy world also apply on Internet.

Any company that registers a trademark has right to protect their trademark and has right to notify you that your domain name is infringing upon their trademark. Why? If your domain name has potential of confusing public into thinking trademark holder is somehow affiliated with your web site, they may bring infringement claims against you. The courts would have to make decision based upon trademark laws and if your domain name, in fact, has potential of confusing public.

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Let me ask you some questions that may sound "obvious" but can have downright scary answers. Did you buy your domain name from a service? Do you know who is in control of your domain name? Have you done a "Whois" search to find out? The answer may very well shock you!

Buying a domain name is a very easy thing to do. But if you buy a domain name without any knowledge of "ownership" vs. "control", you could very well be headed down a bumpy road.

Unfortunately, most Web site owners are unaware that "ownership" does not equate to "control." Just because you paid for your domain name does not mean you have access or authority to make changes, transfers or other necessary functions. But if not you - owner - who does?

There are 4 components to a domain name:

1.Registrant: you - person who registered domain name 2.Billing Contact: could be anyone 3.Technical Contact: could be anyone 4.Administrative Contact: could be anyone

The registrant is you. You might assume that items two, three and four are also you. A natural assumption. Guess what… most of time they are not! THIS is where you get into trouble.

Who's In Control?

So whose names are listed in "control" spots? Nine times out of ten, it is a person within organization you purchased your domain name from. Any inquiries about billing, technical issues and administrative questions are sent to this arbitrary person. The domain name registration company has FULL control over your URL. What does this mean?

Even though you are owner, and you make a request for changes, confirmation request will go to administrator for verification. This person has full authority to approve or reject changes to your domain name.

The Dangers

Keep one thing in mind, domain registrars can, and do, go out of business. They get bought and sold just like other organizations. They are not legally required to notify you of any changes within their firm. This fact alone can cause unlimited problems with renewals, changes, sales or transfers. But that's not all.