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Domain Names
& E-Commerce / Domain Names
Confusion Caused by the New Domains As was expected, confusion concerning the initial registration
periods and the intended purposes and uses of these new domains was
bound to arise. In addition, as the new domain names begin resolving,
i.e. are available for use on the Internet, confusion is likely to increase.
This is unfortunate as the main purpose behind the introduction of these
new domains was to open up more name space in the DNS while, according
to the WIPO Final Report, not disrupting the orderly functioning of
the DNS.
Internet users will now be faced with many new choices
when utilizing web browsers. Rather than merely searching for a particular
website using the intuitively simple ABC.COM, or variations of ABC.COM,
ABC.NET, and ABC.ORG, Internet users will need to decide, if, for example,
they are searching for a business, whether also to search under .BIZ,
and whether a business or not, weather also to search under the .INFO
domain. Furthermore, if a business contains a personal name, Internet
users will need to decide whether to search under .NAME. If the business
happens to be in the air transportation industry, the Internet user
might then need to search under .AERO, although it is expected that
.AERO will be limited to the internal functions of those in the air
transport industry. When searching for information concerning their
local museum, an Internet user will need to decide whether to search
in the .MUSEO domain, the .COM, .NET, and .ORG domains, or the .INFO
and .BIZ. domains. If the museum happens to be the name of a person,
such as, for example, the GUGGENHEIM museum in New York, the Internet
search may well need to include a search under .NAME, i.e. SALOMON.R.GUGGENHEIM.NAME.
Further exacerbating the problem is the possibility that the domain
name might be listed under a ccTLD. In short, the current situation
is akin to having numerous telephones, each only capable of connecting
to a certain location.
A further dilemma for companies that wish to prevent
such confusion to their consumers will be whether they should obtain
registrations in each of these domains, for all of their marks. Certain
individuals will face similar problems in policing their names on the
Internet. For larger companies with many marks, and smaller companies
with limited resources, the range of potential domain name registrations
clearly presents significant logistical and economic barriers. Given
the amount of choices, inevitably there will be "holes" in the domain
name coverage which a company or individual is able, or wants to, procure,
opening the door to those who would wish to exploit such holes, i.e.
cybersquatters.
To add to the confusion, there is also discussion concerning
restricting the .ORG domain to solely not-for-profit organizations,
as was the original intention. Through years of use by all types of
individuals and entities, the .ORG domain is no longer perceived by
the Internet community as what it was originally intended to be, a restricted
domain for not-for-profit organizations. Rather, it is now perceived
and used as merely another generic top-level domain, like .COM. The
.COM domain was originally intended for commercial activity, and .NET
was originally intended for networks. The separate designations were
an attempt to segregate the users dependent, at least to some small
extent, by the activity of the user.
However, at this late date, unfortunately, the "milk
has been spilt." It would cause great confusion to many in the Internet
community if we were now to attempt to revert back to restricting the
use of .ORG to not-for-profits. Doing so would be harmful to those who
have already registered .ORG names, many of whom registered them as
the "second best" alternative to a .COM or .NET domain name, and use
them in ways not compatible with not-for-profit activities. Even if
the previous Registrants were allowed to keep their names, this would
then be harmful to them as the "cache" of an .ORG address would no longer
remain and Internet users might cease searching for businesses operating
for-profit under this domain, making the .ORG domain of limited value
to the for-profit businesses who were first to register. It would also
be potentially harmful to those not-for-profit organizations the proposal
is intended to benefit, as confusion could be caused in the minds of
consumers concerning the profit or not-for-profit motive of the respective
companies accessed under the .ORG address. If there is sufficient community
consensus among not-for-profit organizations, these groups should petition
ICANN for a new domain suffix, such as, for example, .NONCOM.
There is also discussion concerning the adoption of a .EU domain for the European Union as either a gTLD or a ccTLD. The author is skeptical of this proposal and believes that, like the addition of other domains, this will only lead to further confusion and cybersquatting. As an initial matter, the .EU domain should not be allowed to function as a ccTLD as it is not a country, but merely a quasi-governmental organization. As a gTLD, .EU would be unrestricted and could be registered by anyone, whether or not residing or having any association with the European Union, and this would clearly lead to confusion. The creation of this domain will also open the door to more confusing domain extensions like it, for example .BX for Benelux, or perhaps, O.A.P.I., for the African Intellectual Property Organization, and many more claims.
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