IS YOUR DOMAIN NAME A TRADEMARK

IS YOUR DOMAIN NAME A TRADEMARK

INFRINGEMENT?

By Shelley Lowery

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://tess.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk

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.

About the Author

Shelley Lowery is the Webmistress of Web Source - Your Guide to

Professional Website Design and Development. Join The Syndicator,

our new, free article syndication program and display complete

articles w/photographs on your website that are automatically updated

each week. http://www.web-source.net

This Report may be distributed in any way and even resold, as long

as all information, including bylines above and physical URL's are left

intact and article remains unchanged.