Legal Issues In Buying A Domain Name
Many webmasters erroneously imagine that just because their domain registrar says a particular domain name is 'available' that it actually is. This...
Many webmasters erroneously imagine that just because their domain registrar says a particular domain name is ‘available’ that it actually is. This isn’t essentially so. Even if a domain name is physically out there, it could not legally be open for use. Why? There would possibly already a company that has the rights to the key words used within the domain name.
If this happens yet the webmaster claims the domain name anyway, they are at risk of losing it through a domain name arbitration proceeding. They could even be charged with trademark/copyright infringement if things get really ugly. For this reason it’s best to make sure the keywords used in a domain name aren’t protected for someone else. This article will explain how webmasters can 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 do 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.
After all, if a webmaster would prefers a zero risk, they’ll merely try to consider another domain name. After they do this, they should be more generic and less creative in what they come up with. Utilizing search engine key phrases for a domain name is one such strategy. Site owners also can look into utilizing dictionary terms. If everything else fails they will take a generic term and mix it with a term that is less likely to be taken, reminiscent of their first and last name.
In both methods, as soon as an appropriate domain name has been chosen, site owners ought to take into account getting it trademarked themselves, especially if they’re utilizing it to help branding their business. With an official trademark, a webmaster has more authority if other company tries to take them to court. And since there is no scarcity of domain name bullies, a webmaster ought to use all authorized avenues accessible to guard 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 in the future. If there are problems, and a domain name arbitration proceeding does not rule in a webmaster’s favor, they can turn to The Domain Name Rights Coalition.
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