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Posts Tagged ‘Name’

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.