Can a domain name infringe a trademark?
Domain name trademark infringement occurs when a person or business uses a domain name that is protected by a trademark, thereby infringing upon another’s trademark protection.
What steps were taken to ensure that your domain names do not infringe on the intellectual property rights of others?
Avoiding Trademark Infringement Once you’ve established your domain name, perform a search on the USPTO’s database of registered trademarks. Don’t just search for your exact name, but search for similar sounding names, misspelled versions of your name, synonyms, etc.
Can my domain name be different from my business name?
The main difference between business names and domain names is that a business name is used for identification, branding and legal purposes whereas a domain name is primarily a digital address for your website. As such, your business name and domain do not necessarily need to match.
How do I know if I’m violating a trademark?
THE 8-FACTOR TRADEMARK INFRINGEMENT TEST
- STRENGTH OF THE SENIOR MARK.
- RELATEDNESS OF THE PRODUCTS.
- SIMILARITY OF THE MARKS.
- EVIDENCE OF ACTUAL CONFUSION.
- MARKETING CHANNELS USED.
- LIKELY DEGREE OF PURCHASER CARE.
- THE INTENT OF DEFENDANT IN SELECTING THE MARK.
- LIKELIHOOD OF EXPANSION OF THE PRODUCT LINES.
Does my domain need to match your business name?
What is trademark infringement of a domain name?
Trademark infringement examples are not just the use of a protected trademark, but the use of the protected trademark that would confuse customers. Domain trademark infringement is no different. Even if you legally register a website, if the name infringes a trademark you are still liable for trademark infringement damages.
How do I choose a domain name for my business?
The way to choose a domain name that satisfies your own marketing needs and doesn’t get in the way of anybody else’s trademark rights is to search as many existing trademarks as possible, spot possible conflicts and then pick a name that’s unlikely to generate a nasty lawyer’s letter.
Will I Lose my Domain Name If I own an existing trademark?
Applying these principles to your domain name selection, you are at risk of losing your chosen domain name if the owner of an existing trademark convinces a judge or arbitrator that your use of the domain name makes it likely that customers would be confused as to the source or quality of the products.
How do I avoid trademark infringement?
Avoiding trademark infringement requires a basic understanding of trademark law, good research and sound judgment. Before starting any new venture, take the time to make sure that you are not getting too close to an existing trademark. LegalZoom will help you search for registered trademarks, and file your own.