Many businesses treat domain name registration as a simple administrative task. Find an available domain, pay the registration fee, and launch the website.

However, from an intellectual property perspective, domain names are much more than website addresses. They are brand identifiers, business assets, and often the first interaction a customer has with a company.

As businesses continue to expand their digital presence, understanding the relationship between intellectual property and domain names has become increasingly important.

A Domain Name Is Not the Same as Intellectual Property

One of the biggest misconceptions among entrepreneurs is that registering a domain name automatically gives them ownership rights over a brand, it does not. A domain name registration merely gives the registrant the right to use a particular internet address for a specified period. It does not automatically create trademark rights or confer exclusive ownership of a name.

In Nigeria, trademark protection is governed by the Trade Marks Act, Cap T13, Laws of the Federation of Nigeria 2004. A registered trademark grants the owner the exclusive right to use that mark in relation to the goods and services for which it is registered. This means that a person may successfully register a domain name but still be infringing another party’s trademark rights.

Domain names and trademarks serve different purposes but often overlap.

A trademark identifies the source of goods or services. A domain name helps users locate a business online. When both contain the same brand name, disputes can arise. For example, imagine a Nigerian fintech startup successfully registers its trademark but delays securing its domain name. Another party then registers the corresponding domain and begins attracting internet traffic intended for the startup.

The startup may own the trademark, but it could still face significant challenges in reclaiming the domain. This is why businesses should think about trademark registration and domain name registration simultaneously rather than treating them as separate exercises.

A Real-World Example: MTN and Domain Name Protection

A useful example comes from the telecommunications industry. As one of Africa’s most recognizable brands, MTN Group has had to actively protect its trademarks against unauthorized domain name registrations incorporating the “MTN” brand.

Like many multinational companies, MTN has relied on trademark rights and domain name dispute resolution mechanisms to challenge registrations that could mislead consumers or create confusion regarding affiliation with the company. The lesson is simple: strong brands are not only protected through trademark registrations; they are also protected through proactive domain name management.

The Nigerian Position

In Nigeria, “.ng” domain names are administered by the Nigeria Internet Registration Association (NiRA), the registry responsible for the management and administration of Nigeria’s country code top-level domain (.ng). NiRA accredits registrars, establishes policies governing the registration and management of “.ng” domain names, and promotes the growth and integrity of Nigeria’s internet namespace.

Although “.ng” domain names are generally allocated on a first-come, first-served basis, registration does not confer intellectual property rights or override the existing trademark rights of third parties. Registrants are expected to respect the intellectual property rights of others, and the registration of a domain name that incorporates another person’s trademark or well-known brand may expose the registrant to legal action.

To address such disputes, NiRA operates the .ng Domain Name Dispute Resolution Policy (DRP), an administrative dispute resolution mechanism modelled on international best practices. The Policy provides trademark owners and other rights holders with a relatively quick and cost-effective process for challenging the bad-faith registration or use of “.ng” domain names. Where a complainant establishes that the domain name is identical or confusingly similar to its trademark, that the registrant has no legitimate interest in the domain name, and that the domain name was registered or is being used in bad faith, the disputed domain name may be transferred or cancelled.

While the Domain Name Dispute Resolution Policy provides an efficient administrative remedy, it does not prevent parties from pursuing their rights before the courts, where appropriate. In addition, businesses may rely on the Trade Marks Act, the Copyright Act 2022 (where copyright issues arise), and the common law tort of passing off where the use of a domain name misrepresents an association with, or exploits the goodwill of, another business.

Final Thoughts

In today’s digital economy, a domain name can be just as valuable as a physical storefront. Yet, many businesses spend time protecting their trademarks while overlooking the online address through which customers will actually find them. The reality is that domain names and intellectual property are closely connected. A strong brand strategy is incomplete without a domain name strategy.

One of the most cost-effective intellectual property strategies is securing relevant domain names as early as possible. The cost of registration is usually insignificant compared to the legal fees and business disruption that may arise from a domain name dispute.

Ayomikun Oreoluwa Onabanjo Esq.

Managing Associate