I recently received an email from a concerned, fellow Internet
business owner, asking for my opinion on an issue that could
literally destroy his Internet business and the business
of several other domains involved.
He had received legal notice from a prominent company, stating
that he needed to relinquish his use and rights to his web
site domain name because it contained three letters that
infringed upon their trademark and their domain name. This
same company also contacted several other Internet business
owners and made similar demands.
Should a company that registers a specific trademark have
the ability to destroy numerous businesses that legitimately
registered domain names? Should a company that registers
a trademark have the responsibility of ensuring that a domain
name registration agency doesn't issue domain names that
may be a trademark infringement? Or should an Internet business
have the responsibility of making sure a potential name doesn't
Infringe upon a registered trademark? Where does the responsibility
lie?
Ultimately, the responsibility lies with the domain name
registrant, as the trademark laws that apply in the hard
copy world also apply on the Internet.
Any company that registers a trademark has the right to
protect their trademark and has the right 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 web site, they may bring infringement claims against
you. The courts would have to make the decision based upon
the trademark laws and if your domain name, in fact, 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 may be able to register a trademark.
Registering a domain name as a trademark isn't easy, but
it can be done. Although you can't register the http://www.or
the .com, if the use of your name fits the laws criteria,
it can be registered. You should consult with an attorney
familiar with the Internet, trademarks and the laws prior
to registering your domain name as a trademark.
For a complete explanation, visit:
http://www.uspto.gov/web/offices/tac/notices/guide299.htm
As stated by the United States Patent and Trademark Office,
http://www.uspto.gov/ "A mark composed of a domain name is
registerable as a trademark or service mark only if it functions
as a source identifier. The mark as depicted on the specimens
must be presented in a manner that will be perceived by potential
purchasers as indicating source and not as merely an informational
indication of the domain name address used to access a web
site." In other words, the use of a domain name must not
be used simply as an address to direct customers to your
web site, but must be used to identify the products or services
of the business claiming the trademark, which provides products
or services via the Internet.
If you're in the market for a domain name, you may want
to consider searching the Trademark Electronic Search System,
http://www.uspto.gov/main/trademarks.htm prior to registering
a domain name. By researching the trademark regulations and
knowing your rights, whether you hold a trademark or a domain
name, you may be able to avoid the possibility of litigation.
Copyright © Shelley Lowery
About the Author:
Shelley Lowery is the author of the acclaimed web design
course, "Web Design Mastery" (www.webdesignmastery.com)
and "eBook Starter - Give Your eBooks the look and feel of
a REAL book" (www.ebookstarter.com)
Visit www.Web-Source.net to
sign up for a complimentary subscription to eTips and receive
a copy of Shelley's acclaimed ebook, "Killer Internet Marketing
Strategies."
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