Domain Names Reviews
Avoiding Trademark Infringement When Choosing A Domain Name
Avoiding Trademark Infringement When Choosing a Domain Name
Many webmasters erroneously believe that just because their domain name registrar says a particular domain name is 'available' that it truly is. This is not necessarily so. Even if a domain name is physically available, it may not legally be open through occasion. Why? It's because there might already be a company that has the rights to the keywords used within the domain name.
If this happens yet the webmaster claims the domain name anyway, they are at risk of losing it wound up a domain name arbitration proceeding. They could even be charged with trademark / copyright infringement if things get really ugly. For this impetus it's best to make specific the keywords used in a domain name aren't protected for someone else. This article will decipher how webmasters contract make such a determination.
First, webmasters need to check and see if their chosen domain name resembles any existing trademark that is on the books. They will want to cook this before actually investing any money in the domain name. To search existing trademarks, webmasters can visit the website of the U. S. Patent and Trademark Office which is USPTO. gov. From here they can search a database that contains current trademarks as well as those that are pending.
If a domain name is similar to a registered or pending trademark, webmasters need to evaluate whether the domain name is still benefit taking. Usually, if a site is not selling the same types of merchandise or services that the other function is selling and the trademark is not popular, a webmaster probably won't get into legal trouble if they decide to go on and review the domain name. To be completely sure, webmasters can run the domain name by a trademark attorney. It shouldn't cost too much for an hour consultation.
Of course, if a webmaster would raise bottom percent risk, they can simply try to estimate of another domain name. When they go about doing this, they need to be more generic and less creative in what they come up with. Using inspect engine keywords for a domain name is one such strategy. Webmasters authority also regard into using dictionary terms. If all else fails they can take a generic term and combine real with a term that is less likely to be taken, such as their first and last name.
Either way, once a suitable domain name has been chosen, webmasters should consider getting it trademarked themselves, especially if they are using it to help brand their business. With an official trademark, a webmaster has more legal capacity should another outfit try to take them to court. And since there's no shortage of domain name bullies, ( companies that try to steal profitable domain names from smaller enterprises ), a webmaster should use all legal avenues available to protect the rights of their business.
In conclusion, by checking whether or not a domain name has keywords that are part of a trademark, webmasters lessen the risk that they will have legal problems monopoly the future. If there are problems, and a domain name arbitration conjuncture does not rule in a webmaster's favor, they can temper to The Domain Name Rights Coalition.