Domain names, which are unique names of websites, play a salient role in how the internet operates. As it is difficult for most people to remember long numerical addresses, these names allow people to easily navigate to websites by entering the domain name.
Ownership of the same and similar domain names is important if a business wishes to create a strong online presence and prevent others from misusing their brand. Just like people see the name of a shop first before entering, a domain name is also the first thing people notice about an online business.
What Are Domain Names?
A domain name is what lies between the protocol sign (HTTP://) and the web address or the first slash in a URL. For example, wsj.com is the domain name of the Wall Street Journal. Readers who wish to search for Wall Street Journal online need to type “wsj.com” to find their desired site. Similarly, people can visit Google.com or Amazon.com without having to enter their full IP (Internet Protocol) addresses.
A domain name corresponds to a numerical address referred to as the IP address, mentioned before. But the difference lies in the fact that it is much easier to type and remember a domain name.
Bombay High Court, in People Interactive (India) Pvt. Ltd. vs. Vivek Pahwa & Ors [1] defined a domain as the "Internet equivalent of a physical or terrestrial address. It directs a user to a particular part of the Web where a domain name registrant stores and displays his information, and offers his services."
The Structure of Domain Names
All domain names share the same structure with multiple parts called labels. Each label is separated by a dot. When read from right to left, each label decreases in hierarchy becoming more specific.
All domain names begin with the top-level domain (TLD) which shows the type of organisation which owns the website. Some top-level domains include “.in” which indicates Indian websites and “.edu” which indicates educational websites. To the left of the TLD are the subdomains which include the 2nd level domain, the 3rd level domain and so on.
For example, "india.gov.in" is the domain name of the official website of the Government of India. Here, “in” is the TLD, “gov” is the 2nd level domain and “India” is the 3rd level domain.
Relationship between Domain Names & Trademarks
Domain names are considered to be the online counterparts of trademarks. Domain names and trademarks essentially serve the same purpose, which is that of being ‘identifiers’.
● What Is a Trademark?
A trademark is a marketing tool which includes a name, word, signature or label which differentiates a product from a similar good sold by a different enterprise. Marketing goods and services with a trademark is convenient because it helps buyers identify and differentiate between products of different sellers. Moreover, owners/sellers have the full right to prevent their competitors from using their brands.
● Domain Names and Trademarks
Before, the internet was simply a way to connect and communicate with people worldwide. But now, it has developed to become a platform where commercial activities are undertaken.. A domain name serves the same functions online that a trademark performs offline in business dealings and transactions ie. performs the function as a business identifier.
At the international level, the domain names as trademarks are protected by the ICANN along with the diverse International Trademark Treaties of the world and the directly concerned national Trademark Law. A specific law governing domain names is absent in India, the Trademark Act, 1999, can be used for the same. Any individual, company or LLP can register their domain names as trademarks once they fulfil certain eligibility parameters as prescribed under the Act. They will have every right and authority that is commonly available to registered owners including the right to take legal actions for infringement or passing off of trademarks. Since domain names are the extended version of a Trademark concept, they are bound to similar contraventions, malpractices like Trademarks have. i.e law of passing-off and infringement of domain names.
Importance of a Domain Name
Here are the advantages of owning a strong domain name:
● Ensures Brand Visibility
A domain name creates brand visibility. It is a known fact that shopkeepers decorate their storefront windows with a lot of thought and care to attract customers. Similarly, a good domain name attracts more users and creates brand awareness.
● Improves Search Engine Ranking
When business owners develop their websites with high-quality content, they become more recognised by search engines such as Google. This results in more clicks, higher traffic and rates of conversion which increases sales. A simple, trustworthy and brand-focused domain name helps websites improve their search engine optimisation (SEO).
● Lends Professional Credibility
A domain name acts as the identity of a business, thereby lending professional credibility. When the domain name matches the name of the company, it creates an image of legitimacy. Apart from establishing the identity of a business, it prevents the fraudulent use of its brand name.
● Strengthens Brand Awareness
Ideally, a domain name should be catchy and easy to remember. It will help create public awareness of the brand. It also makes it easier for people to find the website they’re looking for and pass it on to their friends and relatives.
Domain Names Marketing: How to Choose a Name for a Site?
Domain name marketing is the practice of using domain names as a marketing tool to increase the number of visitors to a website. It is an important part of digital marketing strategy. The following are some essential tips for an effective domain name marketing strategy:
● Choose Domain Extensions
Nearly 37% of registered domain names have the extension “.com” making it the most common domain extension. Although the “.com” TLD (top-level domain) is associated primarily with the United States of America, businesses should aim for it because it is an international domain extension.
But, if a business owner is unable to use ".com", they can consider their country's TLD. Region-specific TLDs are preferable for brands catering to specific geographies.
● Avoid Generic or Vague Domain Names
Choosing a unique name is important as it helps a business to stand out in the crowd. Generic, vague or already branded names may attract noisy traffic to one’s website. Ideally, businesses should choose a domain name that is memorable and catchy. Owners can check for interesting words that fit their brand or create new words just like what Google and Yahoo did.
● Avoid Numbers and Hyphens
Ideally, domain names should be easy-to-spell. Including multiple symbols make it difficult to remember. But, if there are multiple words in a domain name, a hyphen can be used to separate them. Hyphens are considered to be the only acceptable separators for domain names as search engines like Google do not penalise sites for it.
● Register It Quickly
Businesses should register their domain names as trademarks as soon as possible, lest someone else start using them. Before using a domain name, it is advisable to check whether it is being used by any other businesses or not. A domain name close to another or similar to a trademarked name can create legal issues.
● Leveling up with Alternative Domain Names
Once a business flagship domain is finalized, thinking through the eyes of a customer will be important, for which a few questions ought to be asked:
a) If there any potential misspellings of the domain
b) Are there any shortened versions of the domain name that customers could be looking for? Like as 'fb.com' for Facebook
c) Are there any generic phrases that potential customers could be searching for to find a similar business? One can use tools like Google analytics or Keyword Planner
Once these are identified, use them to create alternative domains that point traffic back to the original domain.
Conclusion
To sum up, choosing a unique domain name helps to strengthen the image of a brand and build its online presence. Buying and maintaining a suitable domain name is not expensive and it contributes to the business’s overall identity.
Considering that specific laws governing domain names in India are absent, most business owners register for a trademark, as it falls under the purview of the Trademark Act. Both domain names and trademarks play an important role in the marketing strategy of a business.