Let us create a 3D eBook for you!
Let us create a 3d Digital eBook for you! DigyCat.com

 

Warning: Your Domain Name Could Infringe On Trademark Rights!


If you have or are about to purchase a domain name, YOU could be in trouble and you don't even know it yet...

See, what the domain sellers won't tell you is that the domain name you are purchasing or have purchased can possibly infringe on trademark rights and you can lose that domain name or even worse.

Trademark and servicemark laws apply not only off-line but on-line as well and they even apply to domain names.

Now, a trademark generally applies to goods where as a servicemark applies to services. For the purpose of this article I will refer to trademarks as the same rules apply.

A trademark can be a word, name, symbol, or device and it is used to distinguish and indentify the goods and services from one person or company from that of another.

The purpose of a trademark is to prevent confusion in the eyes of the consumer relating to particular goods and services. Basically, they are in place to prevent unfair competition.

So with that said, just because you purchased a particular domain name it does not necessarily mean you have exclusive rights to it.

If there is a trademark in your domain name, the mark owner has a legal right to send you a "cease and desist" letter and possibly take that domain name away from you.

If you don't believe a word I've said so far then I offer myself as proof because it happened to me. I recently lost one of my domain names under this exact same circumstance.

For legal reasons I can't tell you the domain name as I agreed to make no further references to it, but there were two words in my domain name that were associated with a trademark.

Now, I wasn't aware of this when I purchased the domain name. And I definitely wasn't aware of trademark laws.

Don't be ignorant on the subject like I was. You can avoid any potential problems by educating yourself and thereby preventing the samething from happening to you.

Don't make the same mistake that I did!

Do your research before you buy a domain name and make sure there is NO trademark associated with that name.

There are trademark search engines where you can type in a word or a phrase and it will tell you if it is a trademark.

You can visit the United States Patent And Trademark Office (USPTO) website to do a trademark search:

http://www.uspto.gov/

Now, in my case I chose not to fight the trademark dispute and gave up my domain name voluntarily. I felt it just wasn't worth the time, money and headaches to launch a fight over this.

If this should ever happen to you, you do have rights and there are proper channels to go through to settle the dispute. Contact a lawyer who specializes in this field.

And don't even think for one minute that this sort of thing can't happen to you. Trust me. If you have a trademark in your domain name it is only a matter of time before you get that letter in the mail like I did.

There are numerous cases all over the internet concerning disputes over trademark and domain names.

Don't you be one of them...

If you would like more information on the subject of trademarks and domain names then I highly recommend you visit this website:

http://www.chillingeffects.org/domain

This article and any links associated with it are for informational purposes only and not intended as legal advice. As always, speak to an attorney who specializes in this field in the event of a dispute.

Al Martinovic is the publisher of the Millenium Marketers Newsletter where you will find powerful concepts, killer strategies, useful tips and no bull business advice: http://www.milleniummarketers.com


MORE RESOURCES:

Domain Names - Google News

Group looks for help in evaluating new domain names - The Hill (blog)


USA TODAY

Group looks for help in evaluating new domain names
The Hill (blog)
By Brendan Sasso - 02/08/12 11:12 AM ET The Internet Corporation for Assigned Names and Numbers (ICANN) asked for volunteers on Tuesday to help evaluate whether applicants for new Web domain endings should qualify for a reduced application fee.
Letters: Internet domain names can confuse consumersUSA TODAY
ICANN Wants YouNational Journal
Volunteers Sought to Help Evaluate Generic Top-Level Domain Applicants Seeking ...San Francisco Chronicle (press release)
MarketWatch (press release) -BtoB Magazine
all 21 news articles »

DealDash buys defunct Swoopo.com domain name (and 22 other end user sales) - Domain Name Wire


DealDash buys defunct Swoopo.com domain name (and 22 other end user sales)
Domain Name Wire
Register your domain names with Searchen Networks Inc., Check domain name availability. Search for domain names. Domain Name Wire is the Domain Name Industry's News Source. Remember Swoopo.com, the auction site where you had to pay for each bid?

and more »

2012 Domain Name Wire Survey…the results are in - Domain Name Wire


2012 Domain Name Wire Survey…the results are in
Domain Name Wire
Register your domain names with Searchen Networks Inc., Check domain name availability. Search for domain names. Domain Name Wire is the Domain Name Industry's News Source. A look at who took this year's survey. Domain Name Wire's 7th annual domain ...

University of Hawaii urges state lawmakers to deter fraudulent use of domain names - The Republic


Hawaii Reporter

University of Hawaii urges state lawmakers to deter fraudulent use of domain names
The Republic
She explains that UH has been victimized by unknown attackers who have been maliciously using the domain name to misrepresent the state institution. Greenwood's written testimony asks the committee to consider amending the bill to include fraudulent ...
University of Hawaii Wants Porn Website Shut DownWatchdog
University of Hawaii Threatens Lawsuit Over .XXX Porn SiteAVN News (press release)

all 5 news articles »

So When Is Oversee Going To Let Customers Of Moniker/SnapNames.com Know They ... - TheDomains.com


So When Is Oversee Going To Let Customers Of Moniker/SnapNames.com Know They ...
TheDomains.com
As a customer of Moniker.com not only are they the registrar of record for hundreds of domain names I own but they have my credit card information on file. Maybe its just me, but I think people are entitled to know when a change of ownership occurs ...
Key-Systems CEO discusses Moniker and SnapNames acquisitionDomain Name Wire

all 2 news articles »

UC Berkeley spends $1300 to purchase x-rated domain names - Daily Californian


UC Berkeley spends $1300 to purchase x-rated domain names
Daily Californian
By Chloe Hunt UC Berkeley may be known for its academics, athletics and the occasional protest, but the campus administration has paid about $1300 thus far to stop pornographic websites from buying .xxx domain names associated with the campus.

Hey NAF, this is a classic example of reverse domain hijacking - Domain Name Wire


Hey NAF, this is a classic example of reverse domain hijacking
Domain Name Wire
Register your domain names with Searchen Networks Inc., Check domain name availability. Search for domain names. Domain Name Wire is the Domain Name Industry's News Source. Respondent wins but should have gotten more than that.

and more »

.biz Grows Up, Celebrates Its 10th Anniversary and Small to Medium-sized ... - San Francisco Chronicle (press release)


.biz Grows Up, Celebrates Its 10th Anniversary and Small to Medium-sized ...
San Francisco Chronicle (press release)
Today, there are more than 2.2 million .biz domain registrations. During the last 10 years, Neustar has built .biz into a quality domain space, which helps small to medium-sized businesses grow through better domain names and branding.

and more »

Did You Sell Any Go Daddy Premium Domain Names During the Super Bowl? - Elliot's Blog (blog)


CloudTweaks News

Did You Sell Any Go Daddy Premium Domain Names During the Super Bowl?
Elliot's Blog (blog)
Domain Name News reported that Go Daddy planned to have their premium listings appear during the Super Bowl. This was big news because GoDaddy spent upwards of $10 million producing and airing its two Super Bowl commercials, and as a result, ...
Godaddy Premium Listings Will Be Live During Super BowlDomain Name News
What domains American Airlines and others bought last weekDomain Name Wire
Godaddy Set Sales Record For Super Bowl SundayTheDomains.com
MarketWatch (press release) -QR Code Press
all 18 news articles »

U. buys .xxx domain names in preventative move - The Brown Daily Herald


U. buys .xxx domain names in preventative move
The Brown Daily Herald
By Meia Geddes The University bought two domain names to avoid association with adult content, but brownuniversity.xxx had already been purchased. Students surfing the Internet for adult content will not find it on brownu.xxx or brownuniv.xxx — the ...

and more »

Click here for Best Buy In-Store Pickup

StreetSideAuto.com

Looking For Royalty Free Photos for your Website, Business or Advertising?

My Life Through The Lens

TSC2000 Domain Is For Sale - $15,000 For Enquiries eMail Us

© www.TSC2000.biz 2011

home | site map | links

eXTReMe Tracker