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The Creation of a Website
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This aspect of the group work investigates the legal issues concerning the creation of a website. In particular, the essay covers at length the pertinent issue of domain name concerns. According to the essay, the choice of and eventual preservation of the domain name remains the most delicate detail involved in the creation of a site in the internet. This is due to the fact that the domain names typically function as virtual address of a particular website. As such, the resurgence of the use of internet has come with a stiff rise in disputes over domain names.
The selection of a domain name may involve a holistic consideration of both the first and second levels of the domain name. Conventionally, the “.com” part is the first level domain name while the letters preceding it form the second level domain name. Before selecting a first level domain name like .org, .com, and .net etc, caution should be taken to ensure that a related second level domain name is not taken already. Besides, it would be appropriate to perform a trademark search to ascertain that the domain of choice does not in any way infringe on the other party’s trademark.
At times, it may be necessary to reclaim a domain name that is already registered by another party. Although tough as it could be, it may be possible to try to contest the registration of a previously registered domain name if the other institution or party legally has inferior rights to particular domain name. However, such a contest may imply series of contracted legal battles in the court of law. In some instances, the complaints may be lodged through the “domain name dispute policy”. Yet still, obtaining a domain name is not enough as it still has to be protected. For instance, a domain name owner may have to obtain a trademark registration for the acquired domain name (Nicholas, 2010).