Assuming that you?ve gone through the appropriate channels to obtain a domain name that is, in actuality, yours, the name becomes your legal property. Even so, just because you buy a domain name, it doesn?t necessarily mean that you?ll be allowed to trademark it and enjoy the protections that come with that status. The judicious choosing of a domain name is a discussion in itself. For now, suffice it to say that if you use generic words to build your online business? name, you won?t have a leg to stand on in court should another person or company create a site with a name similar to yours. Your site?s name with its unique word order and/or spellings is yours, but others may do their best to imitate it.
You secure the rights to a website name by utilizing the services of a domain name registration business. There are many out there, so you have options. You can choose to register the name for up to ten years, with one year being the minimum. During that time, you hold the rights to the name and the power to create a site to use for online business.
Cyber squatters ? sophisticated online criminals, essentially ? have many tricks in their repertoire. An earlier tactic was to register a trademarked brand as a domain name. Their game was to force the business to have to buy the domain for a substantial price. Another trick they use is name jacking ? building a site named after a person or business and profiting from it.
The number one rule before creating an online shop: speak with an intellectual property lawyer versed in Internet law. He or she will be able to 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 end 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 certain 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 make money from it.
Your domain name is your company?s brand, so it?s vital 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 in advance, and get your virtual house in order now to spare yourself a messy cleanup later.
Reproduction permitted only when all active hyperlinks are included. 2011 All Rights Reserved.
Author Stephen Daniels highly recommends Baker & Rannels for those seeking professional domain name lawyers 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.
mia amber davis san jose mercury news hud homes lebron journey
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.