Image by kairin via Flickr
A trademark is a name, phrase, logo, symbol, image or combination of those things that can only be used by a certain party to show that the products or services associated with it are from the same source. If you use a trademark of a company but are not representing goods associated with that company, you could find yourself in a lawsuit. The implications of this for domain names can be disastrous.
If you happen to create a domain name that is using a phrase or combination of words that are trademarked by another party, you could find yourself in trouble. It is your responsibility to make sure that this is not the case before you register for this name. Lawsuits do not always ensue, especially if the goods and services you are offering are not in competition with those of the company whose trademark you accidentally used. You can, however, never be too sure and it is best to avoid infringing on someone else’s territory regardless.
There are a few types of activities that refer to organized ways of infringing on trademarked territory which we will discuss here.
? Cybersquatting is the activity of someone registering the trademark as a domain name on purpose to try and get a payoff from the actual owner.
? Typosqatters register a common misspelling of the actual famous website name so that users who make the typo will end up at their website.
? Gripe sites are where someone uses a registered trademark but then puts something derogatory after it like “sucks” or “is horrible.” So you end up with [trademark]ishorrible. com.
? Subdomains are where someone uses a registered trademark within a web address such as [trademark].[myownvalidwebsite].com.
None of these methods are a good idea. If what you want to do is compete with someone and use their trademark to do so, you are probably going to get in some sort of trouble, or at least be concerned about it. It is best to just face your competition head on rather than using their fame in order to increase your own.
Sometimes people create a domain name that they think is completely original, only to find out that a company feels they are infringing because certain letters are the same or the public might get confused for another reason. These incidents are not incredibly common, but they could ruin your business depending on how big of a deal it becomes.
For this reason, take the time to learn about trademarking your domain name, especially if it is one you want to have for years to come. Talk to an internet-savvy lawyer about this issue so that you can protect yourself if anything does happen.
Obtaining a domain trademark can be one of the best ways to protect yourself and your business from any accidental infringement or legal games with other parties. Take your time to research your options and be sure to be careful about infringing on anyone else’s territory.
Obtaining a domain trademark can be one of the best ways to protect yourself and your business from any accidental infringement or legal games with other parties. Take your time to research your options and be sure to be careful about infringing on anyone else’s territory.
Visit the best domaining forum and register a free account today at — http://www.dnforum.com/
Adam Dicker – CEO – Dnforum.com
Related articles
- Register Your Trademark to Protect Your Company Name and Brand Name (socyberty.com)
- Trademarking a Domain Name? Sure, why not? (ipwatchdog.com)
- What NOT To Do When You’re Buying A Domain Name (businessinsider.com)
- Do’s and Don’ts of Securing a Domain Name (entrepreneur.com)
- WIPO 2010 ADR Report: Cybersquatting Hits Record Level (ipwatchdog.com)
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- Domains – Tips for Proper Domain Registration
- A Primer On Typosquatting
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