Domain names and trademarks are separate although they are linked by the fact that each is relevant to a brand and both have value. Internet businesses will often want to register their domain name as a trademark, and we can assist with that. Visit our trademark pages for more information.
Registering a trademark gives you additional rights to the corresponding domain name, and provides an advantage in the recovery of a domain name from a cyber squatter. Also, when new domains are released there is often a sunrise period reserved for trademark owners to secure registration before the domains are generally offered to everyone.
Buying domains without trademark clearance
If you are on the receiving end of a letter from a trademark owner about a domain you have bought, you may be somewhat baffled. The domain was available for you to buy, so what"s the problem? The problem is that the domain registration terms will invariably include a provision saying that if someone else has better rights to the domain name, the contract may be cancelled.
This means it is up to you to first check that domain names you are buying do not interfere with the legitimate trademark rights that a trademark owner may have. The fact that you are able to register a domain doesn"t mean you own the rights to that name.
Many domain owners are not aware that in addition to arbitration proceedings they could also face liability in court under trademark law. If you are accused of having an infringing domain name it is important to consult a knowledgeable internet lawyer to avoid costly proceedings.
Additionally, we can help domainers formulate a long term strategy to protect their domain name businesses by avoiding infringement or cybersquatting cases against them which can be costly and time consuming. Instead of facing that risk why not consult with us for advice.
Generic names and reverse cyber squatting
If you have registered a descriptive domain name that someone else claims rights over, you may find that it is not so simple for them to claim rights over generic names. Others may try to convince you to give up your valuable domain name with the threat of legal action. We can advise you on whether your domain is infringing and what your next step should be.
We can also assist with other types of internet disputes.
- When someone is using your trademark or copyright on their website without your permission.
- If someone has accused you of using their trademark or copyright on yours without their permission
- Assisting hosts and website providers who have received a letter alleging that one of their clients is using infringing materials or helping them to formulate company policy in this area.
For a free initial chat why not contact us today for assistance in your domain name or internet query.