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.htmAs 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.Shelley Lowery is the author of the highly
acclaimed ebook series, Web Design Mastery -- an in-depth guide to professional
web design that is rapidly becoming known as the "Bible" for professional web
design. http://www.webdesignmastery.com
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Best regards,
admin
k_malee@hotmail.com
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