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...continued. 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/tac/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://tess.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. Lowery, Shelley. "Is Your Domain Name a Trademark Infringement?" WebProNews, Jayde.com Member Newsletter. http://www.WebProNews.com (02 June 2000). |