How do TLDs (top level domains) work?

A domain name is an internet address connected to a particular website. The domain name is actually pointing to a physical location or Internet protocol (IP) address (i.e., a computer server) that holds the website’s files. Thus, when someone types in a domain name into a web browser, the associated website page will come up. Since IP addresses can be hard to remember, the Domain Name System (DNS) allows us to use words that can easily identify the person, organization, or company desired. A domain name is typically comprised of two basic components: (1) alias for the internet address; and (2) a top-level domain (TLD).

Top Level Domains (TLDs) Explained

TLDs are divided into three main categories: (1) generic; (2) country code; and (3) infrastructure. Generic TLDs are the domains that normally seen when surfing the Internet. For example, TLDs include the following:

.com (commercial organizations)
.net (Internet relatedsites)
.org (non profitorganizations)
.edu (educational organizations, not available to thepublic)
.gov (government agencies, not available to thepublic)
.mil (U.S. military, not available to thepublic)
.biz (businesses, not available to the generalpublic)
.coop (cooperative organizations, not available to the generalpublic)
.name (individuals, available to thepublic)

Domain Country Codes

Country code domains are used to designate a country. For example, the “.uk” designation represents the United Kingdom. Infrastructure domains are used exclusively by the government agency that developed the Internet, the United States Department of Defense Advanced Research Projects Agency(ARPA).

Domain Registration

Domain names must be registered with an accredited registrar and are available on a first-come, first-served basis. The Internet Corporation for Assigned Names and Numbers (ICANN) maintains a current directory of accredited registrars (http://www.icann.org/registrars/accredited-list.html).A domain name may be registered for a specified period of time, usually no more than 10 years, and is renewable on an ongoing basis. It is important to keep track of the renewal period because if the domain name is not renewed, it can be registered by anyone for their own use.

Domain names are intended to be easily identifiable, easy to remember, and eventually act as business identifiers for an online business. Thus, some online businesses use existing trademarks as their domain names to attract potential customers to their websites. Third parties often try to profit from this practice by preemptively registering domain name incorporating the trademarks by third parties and then sell those domain names to the highest bidder. This practice is known as cybersquatting. In such cases, trademark owners may file a complaint under the Uniform Dispute Resolution Policy (UDRP) to gain ownership of the cybersquatted domain name or file suit in U.S. federal court under the Anti-Cybersquatting Consumer Protection Act (ACPA). Advice of intellectual property counsel is prudent when assessing the best course of action in protecting a trademark owner’s rights to certain domain names.

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This article has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any fact-specific situation under federal law and the applicable state or local laws that may impose additional obligations on you and your company. © 2023 Klemchuk PLLC