In this time of widespread internet usage, trademark laws acquire particular significance in the cyber world, especially in terms of trademarks for domain names. A trademark becomes essential if your customers are going to know you and the goods or services that you offer by your domain name.
The moment you are a trademark holder of a domain name, you can take legal action against a company for using a similar name and thus confusing the public into thinking that you, the genuine trademark owner, are somehow linked with their web site.
However, you should undertake a search on the database of domain names to see if your selected mark is infringing any of the already existing ones. The search should include a close study of marks that are very similar in appearance, sound or even meaning to the domain name you have selected for your website. Get your trademark registered only after confirming that it will not give rise to any possible trademark violation claims.
For this aim, it is better to take help of a lawyer, preferably a cyber law specialist, who also has a comprehensive knowledge of trademark laws. This will save you from serious trademark violation action that may be raised in future.
It is essential to note in this regard that a domain name can be registered as a trademark only if it serves as a quick identifier of the products or services of your company, and not just as an online address that brings web users to your site.
In addition to infringement of domain names, keyword infringement has emerged as a new problem in cyberspace, which means infringement of original trademarks by their usage as keywords in promotions on Google, Yahoo etc with an aim to confuse the customers or to dilute the original trademark.
However, it must be remembered that such use by advertisers is not tantamount to infringement if by using the trademark the advertiser contributes to the marketing of the goods or services of the original trademark holder, and not act as his rival.
The moment you are a trademark holder of a domain name, you can take legal action against a company for using a similar name and thus confusing the public into thinking that you, the genuine trademark owner, are somehow linked with their web site.
However, you should undertake a search on the database of domain names to see if your selected mark is infringing any of the already existing ones. The search should include a close study of marks that are very similar in appearance, sound or even meaning to the domain name you have selected for your website. Get your trademark registered only after confirming that it will not give rise to any possible trademark violation claims.
For this aim, it is better to take help of a lawyer, preferably a cyber law specialist, who also has a comprehensive knowledge of trademark laws. This will save you from serious trademark violation action that may be raised in future.
It is essential to note in this regard that a domain name can be registered as a trademark only if it serves as a quick identifier of the products or services of your company, and not just as an online address that brings web users to your site.
In addition to infringement of domain names, keyword infringement has emerged as a new problem in cyberspace, which means infringement of original trademarks by their usage as keywords in promotions on Google, Yahoo etc with an aim to confuse the customers or to dilute the original trademark.
However, it must be remembered that such use by advertisers is not tantamount to infringement if by using the trademark the advertiser contributes to the marketing of the goods or services of the original trademark holder, and not act as his rival.
0 comments:
Post a Comment