Do trademarks cover domain names?
A domain name cannot be protected as a trademark merely because it is your address on the Internet. In addition to using the name in commerce, it must be used in a way that distinguishes your goods or services from those of others. Books.com or California.com, for example, would likely not receive trademark protection.
Who owns the rights to domain names?
No one owns domain names; they merely pay for the use of them for a while. The public deals with domain name registrars, which often take the form of web hosting providers or other entities that provide online services.
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.
Are domain names copyright protected?
Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assigning of domain names through accredited registers.
Do I need a trademark if I own the domain?
Many company owners use their company name or other descriptive or distinctive words to create their domain name. In most instances, it is wise to trademark a domain name in order to protect your business from theft of your customers and brand identity.
Who holds the domain name?
Domain names are owned by whoever first registered the web address with an accredited registrar, such as Domain.com. In order for that person to maintain ownership, they have to pay registration fees and ensure that all of their contact details are up to date.
How do I see who owns a domain name?
Check If The Domain Name Is Listed in the WhoIs Directory Each contact must provide a name, mailing address, phone number and email address. This information is stored in the WhoIs directory and made available to the public. You can look up who owns a domain name in WhoIs at NetworkSolutions.com/WhoIs.
Can you get sued if someone trademarks your domain name?
Can you get sued if someone trademarks your domain name? – Quora. First, if your questions starts “Could you get sued if…” then the answer is always going to be yes. People can sue for any reason they want, and they can threaten to sue hoping to scare you into doing what they want even more often than that.
What do you do if someone owns your domain name?
What to Do If the Domain Name You Want Is Taken
- Use . net, .
- Change the Name Slightly. A domain name is reported as not available only if the exact name is already taken.
- Buy the Name. Domain names are bought, sold and auctioned like any other property.
- Assert Your Rights If You Already Own the Trademark.
Can you get sued for a domain name?
File a trademark infringement lawsuit. If you take the domain name registrant to court and win, the court will order the domain name registrant to transfer the domain name to you and may award you money damages as well. A lawsuit is always an option, whether or not you pursue ICANN’s dispute resolution process.
Can you use another company name in your domain name?
It’s lawful to use another’s trademark as part of a domain name so long as the trademark is used only to refer to the trademark owner or its branded product or service in a way that does NOT cause consumers to likely falsely believe that the trademark owner owns the website located at that domain.
Can you own a domain name if you have a trademark?
The owner of the domain name would likely be able to keep the domain name, and they’d be able to continue using it to promote their religious seminars. Since similar marks can exist across different classes, you don’t necessarily have the right to a top-level domain name even if you own a trademark registration.
Do software manufacturers have the rights to domain names?
If you own the trademark registration for a particular term or phrase, you might feel that you also have the rights to the corresponding domain name. That is, if you are a software manufacturer that owns a trademark registration for the name “PHILOSOPHY PROGRAMS”, then you should have the rights to PHILOSOPHYPROGRAMS.COM, right?
Do you have a claim to a domain name?
Since no one is actively using the domain, it might seem as though you have a claim to it. In a few cases, you might. But unless you can prove a bad faith registration, you might not have any claim at all to that domain name. If you want to use it for your business, you’ll have to acquire it from the current owner.
What rights do I have with a trademark?
When you get a trademark registration, you are ordinarily given trademark rights within a specific class of goods or services. In our “PHILOSOPHY PROGRAMS” example, you would have the exclusive right to use the name “PHILOSOPHY PROGRAMS” in connection with software and related goods or services.