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Informative Articles

10 Sensible Steps To Take Before Choosing Your Domain Name
With such a huge growth in the number of websites and the resulting difficulty in finding an available domain name, it is tempting to grab the first one that sounds like it might do the trick. However, a small amount of homework will pay big...

Domain name registration and copyright infringement
A very important question arises in the early stages of development of a web site – what would be the most appropriate domain name? Domain names are representative of the address for a web site, and there is a rising trend of incidents of disputes...

Have you renewed your domain name yet?
In most of my articles, as well as most pages of my web site, I keep telling people that the internet is changing and evolving constantly. One of my favorite ways of putting this is that the only thing NOT changing with internet is that the...

How To Buy And Sell Domain Names Part Time For Profit Part 2
Welcome to part 2 How To Buy And Sell Domain Names Part Time For Profit. Let's just take a quick glimpse at what we've done so far: We've used www.wehavethem.com , www.DeletedDomains.com or www.namewinner.com to locate names that are about to...

Internet Domain Registration - Establishing and Transferring Your Domain Name
If you're in business, one of the most important things to you may be your ability to establish an internet presence. Operating some type of functional web site for your business helps your customers find you, can present additional marketing...

 
Is Your Domain Name A Trademark Infringement?

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 ac/notices/guide299.htm

As 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:/ ess.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.

About the Author
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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