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Trademarks are the name or symbol used to distinguish the services of one undertaking from others.

As with copyright and other signs of intellectual property rights, the impact of the brand is territorial. This means that each country has its own trademark system. A brand that could be held by Machine Head one person in the UK and another person, completely independent of the United States.

The Domain Name System, which is to put most of his attention. COM as the international field, not really jive well with the system marks due to the basic definition of that “property”.

For example, the Prince vs Prince suit. Prince, the American manufacturers of sports equipment, the use of the disputed domain name www.prince.com [http://www.prince.com] of a British computer consultant. This company is registered as a domain in good faith and has used it. The Prince sports goods company, which has no registered trademark in the United Kingdom, the British threatened to sue the trademark infringement in the United States. The latter counter-sued in the United Kingdom, unwarranted threats regarding trademark infringement. At the end he won and the U.S. had to deal with just using the domain name.

Alternatively, another scenario where the incumbent is likely to outweigh the rights of the holder of the domain name in the case of Marks & Spencer vs One in a Million. This particular case was raised in the English High Court in 1997 when the owners of different brands, including the famous British retailer Marks & Spencer, sued One In A Million, a company that has raised a number of domain names well-known brands such as Sainsburys, Virgin, Marks & Spencer, and Cellnet. These domain names and others were purchased for the express purpose of reselling them to trademark owners. The High Court decided that one in a million will be forced to abandon their claim for domain names said. This decision was upheld by the Court of Appeal.

One company based in the Million argument was that the domain name registrations were first come, first served “basis, thus the brand owners have no rights to domain names.

Based on two actual court cases, we can build a clear picture of the relationship between trademarks and domain names.

In general, areas that have no brand meaning can be acquired by the entity which came first. The continued use of this brand name will not allow the holder to build a reputation in the name. When the situation is among the companies that have a legitimate right to the name, then, as the condition of most of the laws in most countries, the first person who registers will receive the field. However, a person enrolled in an area that is also a question of a brand that does not have rights is prohibited on the basis of the laws of most countries.

I recently received an email from a worried business owner Internet expensive, asking my opinion on an issue that could literally destroy his Internet business and affairs of several other domains involved.

He had received legal advice from a leading company and said he had to give up his rights to use its domain name web site because it contained three letters that infringed on their brand and domain name. The same company also contacted several other Internet business owners and made similar requests.

If a company records a specific brand have the ability to destroy many businesses that legitimately registered domain names? If a company that registers a trademark have a responsibility to ensure that an agency registered domain name is not domain names that may be a trademark infringement? Or an Internet business should have the responsibility to ensure a potential name does not infringe the trademark? Where does the responsibility lie?

Ultimately, the responsibility rests with the holder of the domain name as trademark law applied in the paper world also apply via the Internet.

Any company that registers a trademark has the right to protect the brand and the right to declare that the domain name does not infringe on their trademark. Why? If the domain name has the potential to confuse the public into believing that the trademark holder is somehow connected to the Web site, can lead to break against you. The courts should make the decision based on the trademark laws, and if the domain name, in fact, has the potential to confuse the public.

The domain name registrants can protect themselves as well. If you registered a domain name that does not infringe the trademarks, you may need to register the trademark. Registering a domain because the mark has not been easy, but it can be done. Even if you can not record [http://www.or]. Com, if you use the name fits the criteria of the law, can be registered. You should consult an attorney familiar with the Internet, trademark laws, and before the registration of a domain name as a trademark.