Assuming that you?ve gone through the appropriate channels to acquire a domain name that is, in actuality, yours, the name becomes your lawful property. However, just because you buy a domain name, it doesn?t necessarily indicate that you?ll be able to trademark it and enjoy the protections that are included with that status. The judicious choosing of a domain name is a discourse in itself. For now, suffice it to say that if you use universal words to build your online business? name, you won?t have a leg to stand on should another person or company build a site with a similar name. Your site?s name with its unique word sequence and/or spellings is yours, but other people may do their best to copy it.
You secure the rights to a website name by employing the expertise of a domain name registration company. There are several out there, so you have choices. You can elect to register the name for up to ten years, with a year being the minimum. During that period, you hold the rights to the name and the ability to create a site to use for online business.
Cyber squatters ? sophisticated Internet thieves, basically ? have a number of tricks in their repertoire. An earlier tactic was to register a trademarked brand as a domain name. Their game was to force the organization to have to buy the domain for a substantial price. Another ploy they use is name jacking ? building a site named after a person or business and capitalizing on it.
The number one rule before creating an online shop: consult with an intellectual property lawyer versed in Internet law. He or she can run background checks on your proposed domain name, making sure it isn?t trademarked, that there are no lawsuits hovering above it and that it has not been stolen. This will help you avoid a number of potential problems. Should you skip the consultation and go it alone, you could wind up registering a domain that infringes upon someone?s trademark. A cease and desist letter accompanied by the threat of legal action will likely follow, for you can be sure the trademark holder has legal protections in place. It works both ways, though. Having an intellectual property attorney on your side is helpful should someone try to squat on your domain or attempt to illegally profit from it.
Your domain name is your company?s brand, so it?s crucial that you actually own it and that it doesn?t infringe upon the ownership rights of another person or organization. Don?t lose future business for lack of diligence. Speak with an intellectual property lawyer beforehand, and get your virtual house in order now to spare yourself a messy cleanup later.
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Author Stephen Daniels highly recommends Baker & Rannels for those seeking professional intellectual property attorneys in New York. Their legal team has more than 63 years experience in both the U.S. and around the world. Their specialty is helping businesses with trademarks and domain names, including research, registration and litigation when appropriate.
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