Domain names and trademarks: protecting digital identity
Domain names and trademarks play an increasingly important role in how companies, professionals, and organizations build their digital identity. In a market where online presence is essential to economic activity, a domain name is no longer just a technical address: it can also become an asset that identifies, differentiates, and positions a brand before consumers.
In his article “Defining digital identity: the intersection of domain names and IP”, Manuel Fernandez-Stoll Zar, attorney at Estudio Colmenares & Asociados, analyzes the legal nature of domain names and their relationship with intellectual property, especially when they come into conflict with registered trademarks.
Why domain names matter for trademarks
The growth of the Internet turned domain names into essential identifiers in the digital marketplace. Through the DNS system, numerical IP addresses can be translated into easy-to-remember names, allowing users to locate websites in a simple and efficient way.
However, their importance goes beyond their technical function. A domain name can communicate a company name, its activity, its products or services, and even generate advertising value. For this reason, in many cases it acts as a differentiating element similar to other distinctive signs.
A dual nature: technical and legal
The article explains that domain names have a dual nature. On the one hand, they are electronic addresses that make it possible to locate resources on the Internet. On the other hand, they can perform a distinctive function in the market by identifying the owner of a website and the products or services offered through it.
From this perspective, domain names may be understood as “atypical” distinctive signs. Although registering a domain name does not necessarily grant an exclusive right equivalent to a trademark, it can still perform identification, differentiation, advertising, and goodwill functions in the digital environment.
Conflicts between domain names and trademarks
One of the main risks arises when a domain name incorporates a third party’s trademark. This practice may confuse consumers, affect the reputation of the trademark owner, or take unfair advantage of the brand’s market position.
In certain cases, the registration or use of a domain name may be considered unfair competition if it affects another party’s trademark rights. Therefore, choosing a domain name should be assessed not only from a commercial or technical perspective, but also from a legal standpoint.
Types of domains to keep in mind
The analysis also distinguishes between top-level domains, such as territorial or geographic domains —for example “.pe”— and generic domains, such as “.com”, “.org”, or “.edu”. It also explains second-level domain names, which usually constitute the most distinctive part of a web address, and third-level domain names or subdomains.
This classification is important because it helps explain how a web address is structured and why certain elements of a domain name may carry greater legal and commercial relevance.
Essential reading for digitally active companies
In a globalized, competitive, and increasingly digital environment, protecting online identity requires careful attention to the relationship between domain names and trademarks. Registering a domain name without prior legal review may lead to disputes, reputational risks, or intellectual property claims.
The full article explores in greater depth the origin of the DNS system, the concept of domain names, their legal nature, their classification levels, and the main conclusions regarding their role as atypical distinctive signs in the digital marketplace.
