Domain Name Conflict With Trademark
To protect your brand from infringement you may want to trademark your domain name in addition to a logo slogan or design. Under the laws that protect trademarks possessing a domain name that could cause this kind of confusion among consumers is a violation of the trademark.
Trademark Do It Yourself Legal Book Nolo
Domain Trademark Infringement Trademark infringement occurs when you knowingly or unknowingly use trademarked content or something thats too similar to protected content.
Domain name conflict with trademark. Typically the trademark owner demands that the domain-name registrant cease using the name andor relinquish it to the trademark owner. Consumers may be misled by a domain name for a product or service that is spelled or seen as similar to an existing trademark that they are familiar with. Cybersquatting and Domain Name Disputes both are covered under Trademark Law.
Applying these principles to your domain name selection you are at risk of losing your chosen domain name if the owner of an existing trademark convinces a judge or arbitrator that your use of the domain name makes it likely that customers would be confused as to the source or quality of the products. Distinctive Names and. Conflict of a domain name with a registered trademark The registration of trademarks and the registration of domain names are independent from each other both as to the organization and as to the rules of procedure.
Theres a conflict between domain names and trademarks both of which are jealously and strenuously protected by their owners. Before you register a domain name conduct a trademark search to find any trademarks that conflict with the name you want. Some well publicized examples of these types of domain names disputes are.
If the PTO declines your application to register a trademark because it conflicts with an existing trademark the government will still charge the filing fee. The Trademark owner filed a suit against the domain name owner contending that it deceived the customers to think that the site was theirs and that the goodwill of the company was being used by the domain name owners to earn profit. In the event of a legal conflict later users must cease using the trademark and could be forced to pay damages to the first owner.
Mueller under the UDRP trademark owners are able to systematically assault domain name registrants on the reference paradigm Trademark holders in this respect are virtually guaranteed that they will win owing to the precedents the UDRP is establishing. It simply identifies your website and will not prevent others from using the name. When a company finds that the domain name corresponding to their corporate name or product trademark is owned by someone else the company can either choose a different name or fight to get the domain name back from its current owners.
The rules for understanding whether a legal conflict exists comes from trademark law. In that case you may get a registration but it is subject to challenge by the owner of the earlier-used mark who has because of common law trademark rights. Someone could have filed only with the state meaning your later-filed USPTO registration does not grant you rights in that state.
Registering a domain with a service like GoDaddy or Bluehost does not give you trademark rights. When ICANN was first set up one of the core tasks assigned to it was The Trademark Dilemma the use of trade marks as domain names without the trademark owners consent. Likelihood of Customer Confusion.
To illustrate the problem let me give you a hypothetical domain name conflict. A domain name conflict typically occurs when the owner of a website address ie the domain name is not the same as the owner of a similar trademark. There are so many instances of abusive domain name registration and infringement of trademarks on the internet that the law of trademark has extended its purview to domain names as well.
Domain Names and Trademark Law Conflicts Under Trademark Law. For example if you chose to create a shoe brand named Nikey potential customers may well have thought they were buying Nikes when they bought your Nikeys. By the late 1990s such use was identified as problematic and likely to lead to consumers being misled.
Trademark Confusion Trademark confusion is a fairly simple concept and it boils down to whether the use of a name a domain name in this case would confuse a customer as to the product. Lets say theres a grandmother in Del Mar who makes custom T-shirts. The rapid growth of the Internet and the use of web sites has generated a rapidly growing set of disputes between firms asserting traditional trademark entitlements and the registrants of identical or confusingly similar domain names.
If you use infringing content in your domain name the mark holder can issue a Uniform Domain-Name Dispute-Resolution Policy. A domain name can function as both a reference and as a trademark and as per Dr. One trademark is considered to be in legal conflict with another if using both would likely cause confusion among customers about the origins of the services or products they are consuming.
However the two procedures have points where there are overlaps. Applying these principles to your domain name selection you are at risk of losing.
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