What is a domain name?

A domain name is an address on the Internet. The most common uses for domain names are for:

• web site addresses: the domain name is prefixed by "www"
• email addresses: the domain name follows the '@' symbol in the email address

Top level domains come in two types:

• Generic top level domains (gTLDs). These include .net, .com, .org, .biz, .info and .name. The policy for these names – who is eligible for a name, and what names are allowed – is set by the international policy authority, ICANN.
• Country Code top level domains (ccTLDs). These include .au for Australia, .uk for the United Kingdom, .nz for New Zealand, .us for the USA, etc. The policy for these names – who is eligible for a name, and what names are allowed – is set by a domain name authority in each country.

All domain names, regardless of whether they come under a gTLD or a ccTLD, have equal visibility on the internet. So "www.yourcompany.com.au" is equally visible as "www.yourcompany.com"

What rights does a domain name give me?

There are no proprietary rights in a domain name. The registrant does not "own" their domain name. Instead, they have a licence to use the domain name for a specified period of time and subject to the licence terms and conditions.

Because a domain name is not a property asset, registrants cannot purport to sell their domain name to another person. There are limited circumstances under which a registrant may transfer their domain name licence. See auDA's Transfers (Change of Registrant) Policy (2002-27).

No one has an automatic right to a domain name. Just because you have a company or business name, or a Registered Trademark, does not automatically give you a better right than anyone else in the corresponding domain name. The DNS is entirely separate from the company/business name or trade mark registration systems. Having a domain name in one domain (eg. "yourcompany.com.au") does not give you the right to stop others from holding the same or similar domain name in another domain (eg. "yourcompany.com", "yourcompany.net.au", "yourcompany.co.uk", etc).

If you think that you have a better entitlement to a domain name than the current registrant, you may be able to bring a complaint under the .au Dispute Resolution Policy (auDRP). You should also seek legal advice about your options under Australian law, such as bringing an action against the registrant for trade mark infringement or passing off.

Why can't I get the domain name I want?

Domain names in the .au namespace are governed by policy rules that cover two main areas:

• Eligibility - what entities are eligible for a domain name?
• Allocation - what names may be allocated to eligible entities?

The policy rules vary for each second level domain. Subject to meeting the policy rules, domain names are allocated on a first come, first served basis.