Warning: Your Domain Name Could Infringe On Trademark Rights!

If you have or are about to purchase a domain name, YOU could be in trouble and you don't even know it yet...

See, what the domain sellers won't tell you is that the domain name you are purchasing or have purchased can possibly infringe on trademark rights and you can lose that domain name or even worse.

Trademark and servicemark laws apply not only off-line but on-line as well and they even apply to domain names.

Now, a trademark generally applies to goods where as a servicemark applies to services. For the purpose of this article I will refer to trademarks as the same rules apply.

A trademark can be a word, name, symbol, or device and it is used to distinguish and indentify the goods and services from one person or company from that of another.

The purpose of a trademark is to prevent confusion in the eyes of the consumer relating to particular goods and services. Basically, they are in place to prevent unfair competition.

So with that said, just because you purchased a particular domain name it does not necessarily mean you have exclusive rights to it.

If there is a trademark in your domain name, the mark owner has a legal right to send you a "cease and desist" letter and possibly take that domain name away from you.

If you don't believe a word I've said so far then I offer myself as proof because it happened to me. I recently lost one of my domain names under this exact same circumstance.

For legal reasons I can't tell you the domain name as I agreed to make no further references to it, but there were two words in my domain name that were associated with a trademark.

Now, I wasn't aware of this when I purchased the domain name. And I definitely wasn't aware of trademark laws.

Don't be ignorant on the subject like I was. You can avoid any potential problems by educating yourself and thereby preventing the samething from happening to you.

Don't make the same mistake that I did!

Do your research before you buy a domain name and make sure there is NO trademark associated with that name.

There are trademark search engines where you can type in a word or a phrase and it will tell you if it is a trademark.

You can visit the United States Patent And Trademark Office (USPTO) website to do a trademark search:

http://www.uspto.gov/

Now, in my case I chose not to fight the trademark dispute and gave up my domain name voluntarily. I felt it just wasn't worth the time, money and headaches to launch a fight over this.

If this should ever happen to you, you do have rights and there are proper channels to go through to settle the dispute. Contact a lawyer who specializes in this field.

And don't even think for one minute that this sort of thing can't happen to you. Trust me. If you have a trademark in your domain name it is only a matter of time before you get that letter in the mail like I did.

There are numerous cases all over the internet concerning disputes over trademark and domain names.

Don't you be one of them...

If you would like more information on the subject of trademarks and domain names then I highly recommend you visit this website:

http://www.chillingeffects.org/domain

This article and any links associated with it are for informational purposes only and not intended as legal advice. As always, speak to an attorney who specializes in this field in the event of a dispute.

Al Martinovic is the publisher of the Millenium Marketers Newsletter where you will find powerful concepts, killer strategies, useful tips and no bull business advice: http://www.milleniummarketers.com

---

Does the Length of a Domain Registration Affect Your Search Engine Rank?

Does the length of your website's domain name registration affect the search results at Google? This question has come up recently and a lot of website owners... Read More

Cheap and Easy Domain Name Registration

Just like any business, your identity is very important. On the World Wide Web, your domain name is your identity. Of course, you can opt for a... Read More

Domain Name Trademarks

As your Internet business grows, the value of your domain name increases. The issue of a domain name trademark should move to the top of your list.... Read More

Selecting a Domain Name Registrar - How to Avoid Getting Burned

When it comes to registering your domain name you want to pick a domain name registrar that will work with you, help you choose the best domain... Read More

Whats in a Domain Name?

You've decided to start up your own website. You've weighed all of your options, and have come to the conclusion that you want to purchase web space... Read More

Eu-Domains For Everybody

Cologne,10 July 2004. ICANN accredited registar Secura announces today, that the company is accepting applications for the sunrise and real time period of eu-domains (https://www.domainregistry.de/eu.html).Sunrise... Read More

Good Domain Names Make Your Dreams Memorable

"What was the name of that website? It was good. It has something to do with..."Is your web site like many others?Domain names always on the tip... Read More

Understanding The Value of Expired Domains

I would like to explain a few things related to expired domains in a definition format, which should make it easy to understand.What are expired domains? Expired... Read More

Domain Names and Longevity

It begins as an idea -- a company name, a business venture, a personal project. You research available domain name options, choose the one you want, and... Read More

42 Killer Domain Secrets Exposed!

The Basic StuffEvery website needs a domain name. Example "WebBootCamp.com" is a domain name. Your domain is your website address, a.k.a. URL (universal resource locator). Should you... Read More

Know How DNS Works

Domain name Servers (DNS) are an important but invisible part of the internet, and form one of the largest databases on it. Each machine on an internet... Read More

ICANN Registrar: Great promotion by is-domains!

ICANN accredited registar Secura is announcing today, that the company offers is-domains to persons and companies outside from Iceland.The is-domains, which are the domains from Iceland, belong... Read More

How to Conduct a Domain Name Search and Why Your Domain Name Matters for Long Term Branding

Creating a website is not just about designing your pages and including all the important information, it is also about creating a domain name that relates to... Read More

Understand the Domain Name System

Ever wonder why DNS systems came into existence? Efficiency. Every computer has a distinct IP address, and the Internet needed an elite method for obtaining these addresses... Read More

How to Sell your Website

There are hundreds and thousands of websites on the internet today being bought and sold and there are many places you can sell your website such as... Read More

Internet Domain Registration ? Top 10 Most Frequently Asked Questions on Domain Name Registration

Here are the top ten most frequently asked questions regarding on Internet domain name registration:Q1. Which characters are allowed in Internet domain names?A: For normal ASCII domain... Read More

The Value of a Good Domain Name

Domain names to the internet are the as necessary as wheels on a car. All websites need a domain name; it is how your website is found... Read More

Domain Names

Domain names are relatively straightforward! Or at least that's the theory!!The domain name is also, but technically not quiet correct, known as the website address.Using an ISP's... Read More

Domain Name Goldmines: Expired Traffic Investing In The 21st Century

I get pretty frustrated when thinking back to the days of seven-figure domain name sales. However, I was only a little kid, but still, I spent hours... Read More

Choosing Your Domain Name ? Internet Marketing

This is actually an important key to your business and sometimes its success. I will explain why through-out this article.Firstly when choosing a domain name you can... Read More

Detagged Domains

What is a DETAGGED domain name? We get asked this question regularly.Only UK domain names can be detagged. A domain name that has been DETAGGED is no... Read More

A Winning Domain Name

The domain name is one of the most important decisions you will make when trying to win over the search engine dilemma. Try using at least one... Read More

Is Your Company Name Killing Your Online Business?

Ahhh... your company name.Your identity. What separates you from everyone else.I would be willing to bet that you spent a good deal of time coming up with... Read More

Domain Name: Why Do You Need One Anyway?

I come across sites all the time that are obviously hosted for free. Why obviously? Because they have no domain. Having no domain can cost you big... Read More

ICANN or I CANNot that is the Question

Well, it seems we should all be very busy registering new domain name extensions as soon as we can, irregardless of whether we feel this is necessary... Read More

Is Your Domain Costing You Traffic?

You visited a great website some time ago that had some fantastic information on it. It is not easily found in search engines results so you decide... Read More