Trademarks and Domain Names

Internet businesses continue to grow at an increasing rate and with those internet businesses come the use of domain names.  It’s quite easy to select a domain name – most people simply think of a clever, witty one and then check to see that it’s unavailable before registering and using it.  However, according to the AntiCyberSquatting Consumer Protection Act as well as the ICANN Uniform Dispute Resolution Policy, individuals should place a few more steps in the domain name process.

Trademarks and Domain Names Law

Most people understand that infringing on trademarks is against the law; however, it’s important to understand just what ‘infringing’ means.  If a domain name were the same as a trademark – registered or not, it could definitely be considered infringement.  Any domain name that made customers confused as to what goods they would be receiving could also be considered infringement.

While many people consider unregistered domain names fair game, it’s not the case when those domain names infringe on trademarks.  If a lawsuit came about, the plaintiff would simply have to prove that the domain name was the exact trademarked name or significantly close to the trademark name, with the potential that customers would be confused about products, services or the company associated with the domain name.

How to Avoid Trademark Infringement

Before purchasing and registering a domain name, there are several things an individual can do to ensure that he or she is not at risk of a lawsuit.  The first step would be to check the internet for any mention of the domain name being considered.  One could perform a search on a major search engine such as Google, Yahoo or MSN.  If there are no links which contain the domain name in reference to a business or individual, it’s a good sign.  If there are links, check them out to see what they are referencing.

The second step would be to have a professional company perform a trademark search to determine whether the domain name being considered would be infringing on any registered or non-registered trademarks.  Individuals should consider hiring a trademark attorney to perform necessary steps which would determine whether or not to use the considered domain name.  An attorney can ensure that the domain name is safe to use.

Protecting Your Trademarks

If you have a trademark and feel as though a domain name is infringing on that trademark, there are a few actions you can take.  A qualified trademark attorney can help you demand that the individual or business using your trademark cease and desist, turn over the domain name to you and even pay damages in the amount equal to the total amount of monies earned while using the domain name.  

The trademarks and domain names law is important to keep business fair and to keep original ideas original.