What Are The Legal And Trademark Issues In Choosing A Domain Name?
Many webmasters erroneously believe that just because their domain name registrar says a selected domain name is ‘accessible’ that it actually is. This isn’t necessarily so. Even if a site domain is physically available, it might not legally be open for use. Why? It is because there might be a company that has the rights to the keywords used in the domain name.
If this occurs yet the webmaster claims the domain name anyway, they are at risk of loosing it by a website name arbitration proceeding. They may even be charged with trademark or copyright infringement if things get actually ugly. For this reason it is best to verify the key phrases utilized in a domain name aren’t protected for somebody else. This article will clarify how site owners could 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.
Of course, if a webmaster would prefer zero percent risk, they can simply try to think of another domain name. When they go about doing this, they need to be more generic and less creative in what they come up with. Using search engine keywords for a domain name is one such strategy. Webmasters can also look into using dictionary terms. If all else fails they can take a generic term and combine it with a term that is less likely to be taken, such as their first and last name.
In both ways, as soon as an appropriate domain name has been chosen, site owners ought to take into account getting it trademarked themselves, especially if they are using it to help brand their business. With an official trademark, a webmaster has more authorized power should one other firm try to take them to court. And since there isn’t any scarcity of domain name bullies, a webmaster should use all authorized avenues available to guard the rights of their business.
In conclusion, by checking whether or not a website domain has keywords which are a part of a trademark, site owners reduce the danger that they will have legal issues in the future. If there are problems, and a website domain arbitration proceeding does not rule in a webmaster’s favor, they can flip to The Domain Name Rights Coalition.
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