Home
Nowadays, every business needs and has a website, and for this, it must be registered with an IP address to be clearly identified as the domain owner. This process is relatively simple, which is why its importance is often underestimated. There are still companies where not the business itself, but individuals are listed as the domain owner. In other cases, the contact details are outdated.
What can happen if your domain registration is not done correctly?
Domain owners have the material right to their domain, which also entails obligations. For example, if the founders of a sole proprietorship register themselves personally as the owners, and this sole proprietorship later becomes a partnership, limited liability company, or a limited partnership, the originally registered individuals are still responsible for everything that happens on the company website and are also liable for legal violations on this site.
On the other hand, the original founders might eventually leave the company, taking the domain rights with them. In the worst-case scenario, the parties might part on bad terms, and the former owner might use the company domain to assert claims or simply delete it. Due to this risk, even for other types of business formations, neither the board of directors, managing directors, nor an agency should be listed as the owner, but always the company itself!
If this is not yet the case, you should consider changing the domain owner to the company to avoid potential issues.
What else should you keep in mind?
It is also important that the email address you provided as the contact address should not be personal but always business-related, as only then do you have full control over the domain and any changes in the registration. Another crucial aspect is to keep the registered contact details (which are automatically recorded in the worldwide WHOIS database) up to date. For example, if you forget to update these WHOIS details after a company move, it can have serious consequences. If you violate this obligation, you risk having the domain suspended or even deleted. The registration authorities also reserve the right to delete the domain without reimbursement and make it available for registration again in the case of obvious false information during registration.
Detailed information on the topic of internet domains has been compiled by the internet provider united-domains AG in a blog post (to the blog article).
Tip
Businesses or brand owners can have conflicts with other parties using a domain name that is similar to or infringes on their registered trademark. In such cases, legal action can be taken to reclaim the domain name. Depending on the situation, your company may be either the plaintiff or the defendant in such a dispute. Besides legal proceedings, there are alternative dispute resolution methods such as the one offered by the World Intellectual Property Organization Arbitration and Mediation Center (WIPO Arbitration and Mediation Center), which operates based on the Uniform Domain-Name Dispute Resolution Policy (UDRP).
The WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP) addresses the most frequently asked questions regarding the resolution of domain name disputes under the UDRP and the management of disputes by the WIPO Arbitration and Mediation Center under the UDRP.
