Trademark Infringement Website Domain Name

Whether you are the holder of a trademark service mark or copyright GoDaddy is committed to helping you protect your legal rights. If the date that the trademark was first registered predated the domain name registration the domain name owner had to supply their own trademark registration for the second-level domain name.

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However this also makes it possible for the domain name of one website to infringe upon the subject matter of a trademark.

Trademark infringement website domain name. A websites Domain Name or URL is the internet address identifying the website. As a domain name registrant you have certain obligations for your domain name registration and its usage governed by your agreement with the registrar. A person or business lacked a legitimate claim to a domain name but registered a trademarked domain name with the sole intent to sell the name prevent the trademark holder from gaining access to the name or divert traffic to the domains site.

Therefore we have established the following policies for considering trademark andor copyright infringement claims. When a domain name is used by anther party without authorization then domain name trademark infringement occurs. Please refer to the Uniform Domain Name Dispute Resolution Policy the UDRP if you have a concern or dispute about a registered domain name.

Trademark infringement depends on several factors the most important of which are 1 who used the name KINECT for commercial purposes first and 2 which goods or services were sold using that name. When someone else uses that name logo or in this case domain name it creates confusion among your customers and could weaken your brand recognition. Then the company may not have an issue of infringement and the domain owner is free to continue use of the domain name.

NSI will accept a domain name owners trademark only if it was registered before the date of NSIs request for proof of ownership or any third partys notification of a dispute to the owner. A domain name can qualify as a trademark when it is used in connection with a website that offers services to the public. As a general rule if they started using the name on similar goods or services after you began using the name you have superior trademark rights.

Dont just search for your exact name but search for similar sounding names misspelled versions of your name synonyms etc. Website trademark infringement occurs when a domain name infringes on a registered mark or a name that a company is already using commercially. Everything You Need to Know Domain Name Trademark Infringement.

Always bear in mind that infringement is based on the likelihood of customer confusion -- that is is a consumer likely to be confused that the. For a domain name to be trademarkable and thus protected from infringement products or services must be sold using the domain name as the trademark. Once youve established your domain name perform a search on the USPTOs database of registered trademarks.

Domain Name Trademark Infringement. There are millions of websites online so its key to do your research before creating a URL in order to avoid infringement. However if a business owner fails to perform sufficient due diligence they may find themselves being the recipient of a cease and desist letter or even worse forced to give up the domain name of their new website.

If the domain name owner could not provide such a trademark registration NSI would suspend all use of the domain name. This is a practice known as cybersquatting. There are three elements that are used to determine if someone has engaged in domain name trademark.

Avoid Trademark Infringement When Choosing a Domain Name. Recent laws have made it acceptable to include trademarked words or phrases in a websites domain name. If you have suggestions or would like to submit an inquiry please contact ICANN organizations Global Support Centers Global Support Center.

Trademark infringement in cyber space can be in the form of Linking and Framing Meta tagging Trademark dilution etc. A question that our Los Angeles intellectual property lawyers commonly address is whether a website name can be a trademark. In such cases the trademark holder would have to rely.

For example if a websites domain name includes the word Reebok in its domain name it could be cited for infringing upon the shoe brand named Reebok. Traditional trademark infringement analysis would not have covered many cybersquatting cases. Avoid Trademark Infringement When Choosing a Domain Name Nexsen Pruet.

A domain name contains Top Level and Second Level Domain names which can be registered with ICANN approved registrars such as WIPO. This first step in defending that trademark and reaffirming its identification with your business is with a domain name cease and desist letter. Often cybersquatters register the domain name but do not post a web site under that name.

Domain name trademark infringement occurs when a person or business uses a domain. What Is a Trademark. Thus there can be no likelihood of confusion as required for trademark infringement.

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