What happens if someone trademarks my domain name?
If you trademark your domain name, you have legal protection if someone uses your trademarked name. … If you register your domain names, but don’t use your website to sell your products and you don’t trademark the name, there isn’t anything you can do to stop the other company.
Should you trademark your domain name?
Many company owners use their company name or other descriptive or distinctive words to create their domain name. In most instances, it is wise to trademark a domain name in order to protect your business from theft of your customers and brand identity.
Can I trademark someone else’s domain name?
If the domain name is registered already in bad faith by someone else, known as “cybersquatting,” you don’t need to pay to have the domain returned. … In addition, if the domain name was registered but is unused, contact the original owner of the domain to legally transfer ownership.
What do you do if someone owns your domain name?
What to Do If the Domain Name You Want Is Taken
- Use . net, . …
- Change the Name Slightly. A domain name is reported as not available only if the exact name is already taken. …
- Buy the Name. Domain names are bought, sold and auctioned like any other property. …
- Assert Your Rights If You Already Own the Trademark.
Can I be sued for domain name?
Suing Under the ACPA
The Anticybersquatting Consumer Protection Act (ACPA) authorizes a trademark owner to sue an alleged cybersquatter in federal court and obtain a court order transferring the domain name back to the trademark owner. … the domain name is identical or confusingly similar to the trademark, and.
Can you get sued for using a similar domain name?
Yes you can get sued. The issue is whether your use of the domain name violates the trademark rights of this competitor. Trademarks identify the source of goods and services.
How do I protect my domain name?
8 Easy Ways to Protect Your Domain Name
- Be sure your domain name is registered to the property entity. …
- Use a reputable registrar. …
- Lock your domain name. …
- Use a strong registrar password and protect it diligently. …
- Go ahead and register (or renew) your domain name for the longest period possible.
Is it legal to grab domains and park them?
The First Amendment makes it legal to grab even a famous person’s domain name in some situations: You might not get Hillaryclinton.com, but you could register Ilovehillaryclinton.com if you’re planning to use it for nonprofit political speech.
How do I know if a domain is trademarked?
You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.
Is it illegal to buy a competitor’s domain name?
As a general rule, given the current legal terrain of trademark law, businesses are well advised to stay away from registering a domain name and setting up a corresponding website which incorporates a competitor’s name.
Is domain squatting legal?
Buying and selling real estate is considered an investment, while domain squatting is illegal. A domain squatter is blocking the rightful owner of the trademark or brand from acquiring the domain name and using it to increase his or her internet visibility.