What is the relationship between domain names and trademarks?
Trademarks act as an identification of a merchant with the purpose to assign goods or services to this individual merchant and simultaneously to distinguish them from those of the competitors, while domain names serve as an address of a particular internet location.
How do I protect my domain name from cybersquatting?
Victims of cybersquatting in the United States have two options: one is to sue under the provisions of the Anticybersquatting Consumer Protection Act (ACPA) and two is to use an international arbitration system known as the Uniform Dispute Resolution Process (UDRP) administered by the Internet Corporation of Assigned …
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.
Do trademarks apply to domain names?
Trademarks are federally registered through the USPTO; domain names are registered through a domain name registrar. They are not the same thing. One identifies the source of goods and services; the other is a web address. Registration of a domain name with a domain name registrar does not give you trademark rights.
Are domains protected by trademarks?
A domain name can function as a trademark if it is used to identify goods or services and is not used simply as a website address. Although providing a staggering global market forum, the internet also provides fertile ground for trademark infringers.
Is trademark and domain the same?
A domain name simply is an address on the Internet. … A trademark identifies the particular source of goods or services and is essentially a brand name. In order to identify a particular source, a trademark must be something more than the generic name for the product or service.
Is domain name squatting illegal?
Buying and selling real estate is considered an investment, while domain squatting is illegal. … If a domain squatter can’t prove a legal intent in owning the domain name, it is considered to be a bad faith registration, and he or she is considered guilty of domain squatting.
How do I protect my domain?
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.
Can someone use your domain name?
Using a domain name very similar to an existing one may result in trademark infringement — the violation of someone’s trademark rights. If you infringe someone’s trademark, a court might order you to stop using the name and pay money damages to the other domain name owner.
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 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 it legal to buy up domain names?
When is it OK to buy up an expired domain name? … Cybersquatting, the practice of buying up a domain in order to profit from a trademarked name, is prohibited under the 1999 Anticybersquatting Consumer Protection Act as well as a set of international guidelines called the Uniform Domain-Name Dispute-Resolution Policy.