Business News (Croydon Advertiser)

I have been contacted by a company saying that someone wants to register a domain name/website identical or similar to the name of my business. I was told that I have priority for the registration, but only have a limited amount of time to agree to register the name myself. What do I do?

Calls of this nature are increasingly common and it is not unusual to be told that you have a limited amount of time, sometimes minutes, to decide whether you want to register the name. If you receive such a call, it is important to remember that .co.uk domain names can only be registered for an initial period of two years and that you can register them yourself at Nominet (www.nominet.org.uk) for £80 plus VAT.

I have spoken to clients who have been offered .co.uk domain names for periods of between five and ten years and for sums well in excess of £80 plus VAT. If you receive such an offer by phone, it is advisable to ask the caller for written confirmation of the competing application they have received for the registration of the domain name and a written breakdown of their charges. If they cannot provide this, it is worth at least informing your local Trading Standards. The Office of Fair Trading has received numerous complaints from various Trading Standards authorities about misleading selling practices concerning domain names. In fact, they recently released the following statement:

“Businesses should be wary about cold-callers putting pressure on them to purchase domain names in haste. Claims that third parties are interested in names must be substantiated and we will take action where such claims are misleading.”

It is, of course, preferable that other people do not register domain names that are identical to the name of your business, but if your business trades under a name that has been registered as a trade mark, or you have established goodwill over a period of years, there is potentially scope for you to argue that the registering party has either breached your trade mark, or has piggy-backed off your reputation (“passing off”). If this is the case, you should speak to your trade mark agent or solicitor to discuss your options. Nominet offer a dispute resolution procedure for .co.uk domain names, which has proven to be a speedy and cost effective method of dealing with “cybersquatters”.

This answer only relates to .co.uk domain names, but if you receive a similar call which deals with a .com, the InterNic website www.internic.com" provides a list of domain name registrars who are accredited by ICANN, who will be able to help out.

Salim Somjee

Clarkson Wright & Jakes