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What Are The Legal And Trademark Issues In Choosing A Domain Name?

July 3rd, 2010

Many webmasters erroneously believe that just because their domain name registrar says a particular domain name is ‘available’ that it truly is. This is not necessarily so. Even if a domain name is physically available, it may not legally be open for use. Why? It’s because there might already be a company that has the rights to the keywords used within the domain name.

If this occurs and the webmaster claims the domain name anyway, they are at risk of losing it by way of a domain name arbitration proceeding. They might even be charged with trademark or copyright infringement if issues get really ugly. For this reason it’s best to verify the key words utilized in a site domain are not protected for someone else. This text will explain how webmasters could make such a determination.

First, webmasters must test and see if their chosen domain name resembles any existing trademark that is on the books. They will need to do that before actually investing any money in the domain name. To search existing trademarks, site owners can go to the web site of the U.S. Patent and Trademark Office which is USPTO.gov. From right here they will search a database that has current logos in addition to those which can be 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 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 are 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 website name has keywords which are part of a trademark, site owners lessen the danger that they will have legal problems in the future. If there are problems, and a website name arbitration continuing doesn’t rule in a webmaster’s favor, they will flip to The Domain Name Rights Coalition.

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