Can A Domain Name Infringe A Trademark

Domain names and trademarks are a contentious area of law. However this also makes it possible for the domain name of one website to infringe upon the subject matter of a trademark.

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What is Trademark Infringement.

Can a domain name infringe a trademark. Elements There are three elements that are used to determine if someone has engaged in domain name trademark infringement. Recent laws have made it acceptable to include trademarked words or phrases in a websites domain name. When you choose your domain name you must respect the trademark rights of other parties.

Thus when choosing a domain name that doesnt infringe on anyone elses trademark business owners need to choose a word phrase symbol or logo or some combination that identifies its products. For example if a websites domain name includes the word Reebok in its domain name it could be cited for infringing upon the shoe brand named Reebok. Company has to consider number factors while applying for a domain name which also includes inclusion of the trademark within the domain name.

The owner of an unregistered or common law mark can act against a cybersquatter and seize an infringing domain name. A domain name and is the first to register it that user should be able to use the domain name provided that it has not otherwise infringed upon or diluted the trademark Of course it isnt always easy to determine who has a legitimate competing. You have intentionally chosen a name that is similar to another domain name or trademark to create consumer confusion You do not carry business under that name Neither you nor any other individuals in your company carry a name that is same or similar.

The following is a list of the things you can and. Brainstorm Domain Names that Do Not Infringe. The association of a domain name with a business trademark isnt always guaranteed and there is a misguided assumption that having a domain name gives rights to its use.

Trademark Infringement As a domain name registrant you have certain obligations for your domain name registration and its usage governed by your agreement with the registrar. It is very likely that you would lose right of your domain name registration if. So if the owner of the domain name use it for a legitimate purpose and not in bad faith to profit from the trademark owners goodwill the use of the domain name as a domain name will not infringe anothers trademark rights.

As a general rule trademarks do not infringe one another if the underlying products or services of the two companies do not compete and are not distributed in the same trade channels or locations. You should NEVER register or purchase a domain name without first investigating to determine if the desired domain name is identical or similar to an existing trademark or service mark. If your domain name infringes on someones trademark you may be held legally responsible for it.

You can avoid that liability by understanding the legalities tied to trademarks and trademark infringement. A trademark or service mark promotes and protects your brand name while a registered and protected domain name provides you protection against any unauthorized use of your domain name by any person or entity. However the domain name owner will be liable for trademark infringement if she uses the domain name as a marketing tool to signify source or reputation of products and services offered.

Domain name can be regarded as trademark and trademark can be used while registering a domain name but it is only beneficial if the same company does so. Infringement If you register a domain name without checking if there is a similar name already registered you could infringe upon another companys trademarked domain name. Simply put domain name ownership does not necessarily establish trademark rights and trademark ownership does not necessarily give you the right to own the corresponding domain name.

A trademark owner who finds a domain name that is identical or confusingly similar to its mark has several options for dealing with the possible infringement. Domain name trademark infringement occurs when a person or business uses a domain name that is protected by a trademark thereby infringing upon anothers trademark protection. Thus when choosing a domain name that doesnt infringe on anyone elses trademark you need to choose a word phrase symbol or design or combination of these that identifies your products and wont confuse potential customers.

One of the primary aims of trademark law is to prevent consumer confusion. A prospective domain name owner can eliminate or substantially reduce the risk that a desired domain name will infringe on a trademark or service mark by doing proper due diligence before investing the time and money in registering or buying the domain name. A lawsuit involving trademark infringement could cost you 100000 or more.

As it turns out the issue of domain names and trademark rights is more complex than outright ownership. A websites Domain Name or URL is the internet address identifying the website.

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