The internet embodies a vital marketing platform for modern business, and may serve as the source of information on companies' activities. Companies embarking on a new business or undertaking a brand expansion plan under a selected trade mark need to have web pages to host their information online. These web pages require addresses or domain names incorporating the company's trade mark. Domain names are the company's identity or trade mark in cyberspace. The registration of the domain name is an essential step to secure the selected trade mark from third party's use.

Companies who wish to go online in the UAE should consider a .ae domain name. The UAE Network Information Center (UAEnic) is the local registry for the top-level domain name .ae in the UAE. The .ae domain name registration is a contractual right to use the domain name subject to the terms and conditions of the registration agreement for the duration of the registration term. This registration therefore gives a de facto exclusive right to the owner to use the domain, but registration in itself does not confer any proprietary rights. It is only the use of the domain name as a trade mark that would give rise to proprietary rights.

The Dubai Court of Cassation, however, held that the role played by domain names is similar to a trade mark; as both serve as a tool for marketing and publicity of the goods or services provided by companies and allow the public to find information on the company's activities. The Court further elaborated that actual use of a domain name as a trade mark confers a proprietary right to its owner. Therefore, the owner of an active domain name may prevent third parties from using an identical or confusingly similar domain name or trade mark.

In conclusion, the registration of domain names in the .ae domain space is a vital step when planning to launch a new brand. It provides stability and support to businesses seeking to establish an online presence in the UAE market.

Eman Abdelrahman

Al Tamimi & Company
Dubai International Financial Centre
6th Floor, Building 4 East
Sheikh Zayed Road, Dubai
United Arab Emirates
Tel: +971 4 364 1641
Fax: +971 4 364 1777
info@tamimi.com
www.tamimi.com