The Complexities of Domain Name Transactions: Contracts for a Market Where Value Increases with Time

Abstract

The scarcity of premium domain names has given birth to an active secondary market where these names are often sold for a 5 to 7 figures sum, or to licenses on those names. This chapter draws the attention of practitioners on legal issues pertaining to domain name transactions that all have in common to be transnational and ancillary to the registration rules under which the name was created. This overlap of different public and private rules expose transactions to a variety of risks. The validity of these transactions also depends on the legal capacity of the buyer/licensee and the market(s) where it intends to use the name.

Keywords: Domain names, TLDs, Trademarks, Contracts, Licenses