Monday, February 4, 2008

Generic domain names — problems arising out of unregulated name selection

Within a particular top-level domain, parties are generally free to select an unallocated domain name as their own on a first come, first served basis, resulting in Harris's lament, all the good ones are taken. For generic or commonly used names, this may sometimes lead to the use of a domain name which is inaccurate or misleading. This problem can be seen with regard to the ownership or control of domain names for a generic product or service.

By way of illustration, there has been tremendous growth in the number and size of literary festivals around the world in recent years. In this context, currently a generic domain name such as literary.org is available to the first literary festival organisation which is able to obtain registration, even if the festival in question is very young or obscure. Some critics would argue that there is greater amenity in reserving such domain names for the use of, for example, a regional or umbrella grouping of festivals. Related issues may also arise in relation to non-commercial domain names.

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