Swedish Regulators Say The Word 'bank' Not Allowed In Any Domain Names… Except If You're A Bank

from the no-bankrate.se? dept

It’s quite common for regulators around the world to insist that no company can call itself a “bank” unless it’s an official, regulated bank. In fact, that’s often why you see companies (including holding companies of real banks) that use the word “banc” instead of “bank.” It’s to get around such regulations. However, it looks like regulators in Sweden have gone a step further, telling the Swedish domain registrar, that it can’t even allow any domain name to be sold with “bank” in it, unless it’s sold to an official bank (found via Michael Scott). Of course, the whole thing seems ridiculous. There are plenty of legitimate reasons why a site might want to use the word “bank” in a domain name without being a bank themselves. A domain could be a site about banks, a service site like Bankrate or simply contain a surname like Banks — which shouldn’t confuse too many folks.

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Comments on “Swedish Regulators Say The Word 'bank' Not Allowed In Any Domain Names… Except If You're A Bank”

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44 Comments
Richard says:

Re: Truly, a Wunch of Bankers

I came up with that collective noun back in the 80’s its my copyright I’ve got witnesses I’m going to sue you (O bother you say copyright has an exemption for independent creation so I’ve got to prove you got it from me – should have patented it instead – uh what it would have expired by now..)

(Chorus)

WE NEED STRONGER INTELLECTUAL PROPERTY LAWS

ps we a have a tv programme here in the UK about financial matters – its called working lunch – Spoonerises to Lurking Wunch …quite appropriate.

Hidden Force says:

Re: Re:

I guess that kills any plans that Jos. A. Bank’s Clothiers might have had to expand into Sweden.

Drat, now that I think about it, it also kills my lifelong wish to start up that pool-related website that I always wanted to start called bankshot.se.

I guess it doesn’t affect the registrant of riverbank.se, though, since it’s already registered (abeit without any website behind it).

Tor (profile) says:

Not entirely correct

That’s not how I read it. What the regulator says is that the domain registrar needs to flag all domain names containing “bank” for manual approval in order to guarantee that they are in accordance with the bank laws. Now if someone wants to register the geographical name “Banka” or “bloodbank” there is no confusion and I cannot see why this would not get approved. If you want to register “bankwithlowestrates.se” you may need to go through some kind of screening first.

And actually if you read the document that Fältström refers to it’s quite clear that the regular makes a less strict interpretation. In one place it says that “bank” in the meaning “storage” (as in “bloodbank” I guess) is to be accepted. In another place it says that compound words containing “bank” and cannot lead to misunderstandings need not be approved by the third party that the registrar will otherwise consult about what bank domain names are ok.

So except that they didn’t mention personal names and geographical places (or other different semantics of the word) I cannot see any big problem with this. From a practical point of view of the registrar it seems easier to test these cases after the registration has been done though – like is done in many other cases.

All this said, I’d like to point out that Fältström is normally right and as one of the Swedish government’s advisors on IT issues it’s interesting to follow what he has to say. Not the least since he is very critical of the bad way data retention is about to be implemented, and the other day he also questioned the court order that told an ISP to block access to the Pirate Bay.

With an advisor like him it’s difficult to understand how the government can make so many mistakes, but maybe they don’t listen enough.

Tor (profile) says:

Not entirely correct

That’s not how I read it. What the regulator says is that the domain registrar needs to flag all domain names containing “bank” for manual approval in order to guarantee that they are in accordance with the bank laws. Now if someone wants to register the geographical name “Banka” or “bloodbank” there is no confusion and I cannot see why this would not get approved. If you want to register “bankwithlowestrates.se” you may need to go through some kind of screening first.

And actually if you read the document that Fältström refers to it’s quite clear that the regular makes a less strict interpretation. In one place it says that “bank” in the meaning “storage” (as in “bloodbank” I guess) is to be accepted. In another place it says that compound words containing “bank” and cannot lead to misunderstandings need not be approved by the third party that the registrar will otherwise consult about what bank domain names are ok.

So except that they didn’t mention personal names and geographical places (or other different semantics of the word) I cannot see any big problem with this. From a practical point of view of the registrar it seems easier to test these cases after the registration has been done though – like is done in many other cases.

All this said, I’d like to point out that Fältström is normally right and as one of the Swedish government’s advisors on IT issues it’s interesting to follow what he has to say. Not the least since he is very critical of the bad way data retention is about to be implemented, and the other day he also questioned the court order that told an ISP to block access to the Pirate Bay.

With an advisor like him it’s difficult to understand how the government can make so many mistakes, but maybe they don’t listen enough.

Tor (profile) says:

Re: Re:

Compare it to trademarks. They do this in order to avoid confusion, not in order to silence anyone. And it’s quite clear that many semantically different domain names containing “bank” will be allowed – contrary to what has been stated here and there.

One can of course take issue with the approval procedure, but while that is of course important for the registrar it doesn’t seem that big a deal for the rest of us. And the .SE foundation has high requirements to be transparent about their internal procedures.

Dark Helmet (profile) says:

.....Wait a minute

“It’s quite common for regulators around the world to insist that no company can call itself a “bank” unless it’s an official, regulated bank.”

So THAT’S why the Federal Reserve System doesn’t include the word bank! It isn’t regulated! It all makes sense now!

On a separate note: what the sweet holy fucknuts in a paperbag owned by Wynona Rider…you mean to tell me this is how international banks have been behaving when they’re REGULATED?

Lisae Boucher (profile) says:

Funny...

The Dutch word “Bank” can be translated to a few things. Of course, it could be that financial institute. But it can also be a couch. So a shop in the Netherlands that sells couches would probably want a domain name with the word “bank” in it. It’s also the name of a more or less flat layer of sand or earth or even a type of clouds.

Tor (profile) says:

Re: Funny...

“It’s also the name of a more or less flat layer of sand or earth or even a type of clouds.”

Yep, it’s exactly the same in swedish. But you could still register “sandbank.se” or “molnbank.se” (cloud) since the regulator (PTS) clearly said that compound words that don’t cause confusion are not affected by this decision.

Why doesn’t anyone bother to check the facts. The real story here seems to be that of an awkard domain name approval procedure – not that lots of “bank” domains are forbidden – they aren’t.

Matt (profile) says:

I own pyrabank.com. I'm Banking on success of pyrabang.com

I’d be in trouble if I was in Sweden. Pyrabang.com is a member supported free media company.

I’m good with the domain for now, and will eventually give it away to pyrabang.com owners. It is a gentlemens agreement.

If I was in Sweden, this would be another serious complication. Can anyone, including Pyrabang.com.se own Pyrabank.com.se ?

It is clear that Swedish “authorities” had the best intentions in putting together this law. Prevent confusion etc.

It is also known that the road to hell is paved with good intentions.

There is also a law of unintended consequences.

Think about it before you condone more government interventions.

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