How to avoid copyright infringment in your domain name

Home
>
Domain Name
>
How to avoid copyright infringment in your domain name

How to avoid copyright infringment in your domain name

One of the most important aspects of choosing a domain name is that it should be non-infringing. This is not an easy task since most unique names have already been registered. The number of useful domain names from the marketing point of view have become extremely limited. Several companies now register variations of their trademark names as a preventive measure against infringement. For example, check www.coke.com, www.coca-cola.com, and www.coca-cola.com, or try www.3m.com and www.mmm.com.

All these factors have led to a crisis of domain names and given rise to increasing cases of infringement of domain names. A number of companies have taken legal action against other companies or individuals over alleged copyright violation on the domain names.

There are some fundamental guidelines and cross-checks for selection of a domain name.

You must carefully select some names that are relevant to your business model. You must be able to justify your reason for using the name. Your domain name should principally consist of a name you are using as a trade name, trademark or corporate name.

It is better to select more than one name since you are not sure about the availability of the required domain name.

Now, search the website of one of the prominent domain name registrars to check if the required name is available. If the name has already been registered by someone else, the search result will provide you with optional names that are similar to your requirements. For example, for the name "ford", the search result may give you similar names like "aboutford.com" and "fordbusiness.com".

If the domain name that you are looking has already been registered but there is no content being displayed at the domain, try to find out the details of the owner of the domain. It is possible that he/she may be genuine and have yet not published any content.

It is also possible that the owner does not plan to create a web site and is willing to give you the domain at the original price. You must confirm that the seller has ownership rights for that particular domain name.

Choosing a domain name that is same as or quite similar to another well-known trademark, may lead to legal action. The regulations governing these issues are dealt by Internet Corporation for Assigned Names and Numbers (ICANN).

It is very likely that you would lose right of your domain name if you have intentionally chosen a name similar to another domain name so as to confuse potential visitors to the site. For example, if your site deals in consumer electronics goods made by a Samsung competitor, do not choose the name "samsungbusiness.com" since a court is most likely to pass a verdict that you selected this name to divert attention of Samsung customers.

There could be others reasons of losing a domain name. It may be found that you have never carried out any business under that name or there is no person in your company similar to that name. Another reason could be that you intend to sell that domain name to your competitor for financial gain.

If your domain name is same as your name then you may be allowed to continue to use it, inspite of the fact that it is similar to someone else's domain name. But the usage of such a name is governed by certain conditions set by court. For example, Mr. Suki Nokia, who runs a cosmetics business, may be allowed to use the domain name "nokia.kr" but he would be barred from using his site to demonstrate any electronics-related information or advertising.

It is also possible for you to use a domain name that is similar to another's trademark if your objective is not to criticize the other person's business.

In the non-cyberworid, two companies may have the same name if they do not conduct a similar business or do not have similar product lines. Roxy Electrical and Roxy Laundry can coexist comfortably. However, in the web world, both Roxies cannot own the "roxy.com" domain name. The laundry Roxy could register under "roxy.laundry" and the electrician under "roxy.electrical."

A very useful tip is to buy all three of the top level domains - .com, .co.uk and .net. You should also buy all possible misspellings of your domain name before anybody else takes advantage of this fact.

You have put a lot of money and energy into building your business and if you are forced to give up the domain name, your business is likely to suffer due to it. So, you need to put your best efforts in choosing a domain name that is both distinctive and non-infringing.

In The News:

Yahoo! News: Top Stories

Obama announces Clinton, Gates for Cabinet (AP)

AP - President-elect Barack Obama picked a national security team headed by former campaign rival Hillary Rodham Clinton and Bush administration holdover Robert Gates on Monday, and said he wants to consult with military commanders before settling on a firm timetable to withdraw U.S. combat troops from Iraq.

It's official: US is in recession (AP)

AP - The U.S. economy has been in a recession since December 2007, the National Bureau of Economic Research said Monday.

Obama still looks for Iraq pullout in 16 months (AP)

AP - Barack Obama says the U.S.-Iraq security agreement approved by Iraq's parliament puts the U.S. on a "glide path" toward reducing forces there.

Pelosi hopes for stimulus bill by Inauguration Day (AP)

AP - House Speaker Nancy Pelosi is promising Congress will try to have a huge economic recovery bill ready for President-elect Barack Obama as soon as he takes office.

Police respond to shooting at Miami mall; 2 hurt (AP)

AP - Authorities responding to a shooting at suburban Miami mall say one person has been shot and taken to a hospital.

Holiday shopping season off to a modest start (AP)

AP - The Thanksgiving shopping weekend may not have been the disaster some had feared, but unprecedented discounts and tempered buying likely resulted in overall soft sales as a buying binge on Friday quickly fizzled. Now, online retailers are ramping up deals to turn skittish shoppers into "Cyber Monday" spenders.

India demands 'strong action' from Pakistan (AP)

AP - India demanded Pakistan take "strong action" against those behind the 60-hour siege that left at least 172 people dead, as new details emerged Monday about the gunmen and the survival training that enabled them to thwart Indian commandos.

Sending spam in Israel could mean a big fine (AP)

AP - Israel has gotten fed up with spam. Anyone who sends out messages without receiving the recipient's consent can now be slapped with a big fine.

Tina Fey's husband talks about her facial scar (AP)

AP - Tina Fey's husband is talking about something the "30 Rock" actress would rather not discuss: the scar on her left cheek.

Police investigating hospital in Burress shooting (AP)

AP - Authorities investigating Plaxico Burress' accidental shooting say they are looking into what roles his teammate Antonio Pierce and the hospital that treated Burress played in the incident.

Obama names Clinton, Gates to foreign-policy team (Reuters)

Reuters - President-elect Barack Obama named former rival Hillary Clinton as secretary of state on Monday and said Robert Gates would remain defense secretary as part of a national security team charged with recasting America's leadership of world affairs.

Economic slump and spending woe sink Wall Street (Reuters)

Reuters - Stocks slid on Monday as news pointing to the deepening economic slump around the world punctured last week's market enthusiasm, with financial services companies and retailers among Wall Street's biggest casualties.

India demands swift Pakistan action over Mumbai (Reuters)

Reuters - India on Monday demanded Pakistan take swift action over deadly attacks in Mumbai it said were carried out by militants from its rival neighbor.

Thai protesters consolidate hold on airport (Reuters)

Reuters - Thai protesters prepared to end their three-month occupation of the Prime Minister's office on Monday to consolidate their grip on the main airport ahead of a court verdict that could dissolve the elected government.

Europe mulls spending hikes as world factories slow (Reuters)

Reuters - European leaders clashed on Monday over how much public money to spend on battling recession as data showed factories were slashing output in the United States, Europe and China.

Pelosi seeks fast action on stimulus bill (Reuters)

Reuters - House of Representatives Speaker Nancy Pelosi met leading governors on Monday to discuss the size and shape of an economic stimulus package she hopes Barack Obama can sign when he becomes president on January 20.

Alabama mayor arrested on corruption charges (Reuters)

Reuters - Federal authorities arrested the mayor of Birmingham, Alabama, on Monday in a corruption probe surrounding a massive sewer bond debt that has forced Jefferson County to the brink of bankruptcy.

Retail stocks fall on holiday shopping worries (Reuters)

Reuters - Key retail stocks fell on Monday as investors feared that deep discounts offered by U.S. stores during the year's first holiday shopping weekend could sap profits and would not save a bleak season.

Hawkish Obama names Clinton as top diplomat (AFP)

AFP - Barack Obama on Monday nominated Hillary Clinton to be his "tough," "smart" secretary of state and his former foe vowed to give her all to steer America through a perfect storm of global crises.

Mumbai attacks: India demands Pakistan take 'strong action' (AFP)

AFP - India on Monday formally accused "elements" in Pakistan of being behind the devastating Islamic militant attacks in Mumbai and demanded that Islamabad take "strong action".

How to avoid copyright infringment in your domain name

Domain Name Domain Name