I recently received an email from a involved, fellow Net business owner, soliciting for my opinion on a difficulty that would literally destroy his Net business and therefore the business of many other domains involved.
He had received legal notice from a distinguished company, stating that he needed to relinquish his use and rights to his net site domain name because it contained 3 letters that infringed upon their trademark and their domain name. This same company additionally contacted many other Net business homeowners and created similar demands.
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Ought to a corporation that registers a specific trademark have the flexibility to destroy numerous businesses that legitimately registered domain names? Ought to a company that registers a trademark have the responsibility of making certain that a domain name registration agency doesn't issue domain names that will be a trademark infringement? Or ought to an Net business have the responsibility of making sure a potential name doesn't Infringe upon a registered trademark? Where will the responsibility lie?
Ultimately, the responsibility lies with the domain name registrant, because the trademark laws that apply in the onerous copy world conjointly apply on the Internet.
Any company that registers a trademark has the correct to safeguard their trademark and has the correct to notify you that your domain name is infringing upon their trademark. Why? If your domain name has the potential of confusing the public into thinking the trademark holder is somehow affiliated with your internet site, they'll bring infringement claims against you. The courts would have to create the decision based mostly upon the trademark laws and if your domain name, of course, has the potential of confusing the public.
Domain name registrants can protect themselves as well. If you have a registered domain name that doesn't infringe upon any trademarks, you too might be in a position to register a trademark. Registering a domain name as a trademark isn't straightforward, however it can be done. Though you cannot register the [http://www.or] the .com, if the use of your name fits the laws criteria, it will be registered. You should talk to an attorney familiar with the Internet, trademarks and also the laws prior to registering your domain name as a trademark.
As stated by the United States Patent and Trademark Office, http://www.uspto.gov/ "A mark composed of a website name is registerable as a trademark or service mark only if it functions as a source identifier. The mark as depicted on the specimens should be presented during a manner that can be perceived by potential purchasers as indicating source and not as just an informational indication of the domain name address used to access a web site." In other words, the utilization of a website name should not be used simply as an address to direct customers to your net website, but should be used to identify the products or services of the business claiming the trademark, that provides product or services via the Internet.
If you are in the market for a website name, you will want to contemplate looking the Trademark Electronic Search System, previous to registering a domain name. By researching the trademark laws and knowing your rights, whether you hold a trademark or a domain name, you will be ready to avoid the likelihood of litigation.
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Bob has been writing articles online for nearly 2 years now. Not only does this author specialize in Domain Names, you can also check out his latest website about:
