Understanding The Internet
Avoiding Trademark Infringement When Choosing a Domain Name
Many webmasters erroneously believe that just because their domain
name registrar says a particular domain name is 'available' that it
truly is. This is not necessarily so. Even if a domain name is
physically available, it may not legally be open for use. Why? It's
because there might already be a company that has the rights to the
keywords used within the domain name.
If this happens yet the webmaster claims the domain name anyway,
they are at risk of losing it through a domain name arbitration
proceeding. They could even be charged with trademark/copyright
infringement if things get really ugly. For this reason it's best to
make sure the keywords used in a domain name aren't protected for
someone else. This article will explain how webmasters can make such
a determination.
First, webmasters need to check and see if their chosen domain name
resembles any existing trademark that is on the books. They will
want to do this before actually investing any money in the domain
name. To search existing trademarks, webmasters can visit the
website of the U.S. Patent and Trademark Office which is USPTO.gov.
From here they can search a database that contains current
trademarks as well as those that are pending.
If a domain name is similar to a registered or pending trademark,
webmasters need to evaluate whether the domain name is still worth
taking. Usually, if a site is not selling the same types of
merchandise or services that the other business is selling and the
trademark is not popular, a webmaster probably won't get into legal
trouble if they decide to go on and register the domain name. To be
completely sure, webmasters can run the domain name by a trademark
attorney. It shouldn't cost too much for an hour consultation.
Of course, if a webmaster would prefer zero percent risk, they can
simply try to think of another domain name. When they go about doing
this, they need to be more generic and less creative in what they
come up with. Using search engine keywords for a domain name is one
such strategy. Webmasters can also look into using dictionary terms.
If all else fails they can take a generic term and combine it with a
term that is less likely to be taken, such as their first and last
name.
Either way, once a suitable domain name has been chosen, webmasters
should consider getting it trademarked themselves, especially if
they are using it to help brand their business. With an official
trademark, a webmaster has more legal power should another company
try to take them to court. And since there's no shortage of domain
name bullies, (companies that try to steal profitable domain names
from smaller enterprises), a webmaster should use all legal avenues
available to protect the rights of their business.
In conclusion, by checking whether or not a domain name has keywords
that are part of a trademark, webmasters lessen the risk that they
will have legal problems in the future. If there are problems, and a
domain name arbitration proceeding does not rule in a webmaster's
favor, they can turn to The Domain Name Rights Coalition.
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