Domain Names as Trademarks
If you own a website, or are considering creating one, selecting and protecting your domain name is probably the most important step involved. Not only does your domain name function as your address on the Internet, it may also function as a trademark and therefore may be entitled to additional legal protection.
Be aware, however, that merely registering a domain name does not always give you the right to use that name any way you want. Any commercial use of a domain name is regulated by trademark law.
Copyright law does not protect domain names. Registering the copyright for your website will protect the original content such as text, graphics, source code, photos, music, artwork, etc, but not your domain name. Legal protection for your domain name is accomplished under trademark law.
When you register a domain name, you are identifying the location of your website, but you might also be using the domain name as a trademark and therefore should be aware of federal trademark laws and how they apply online.
- Introduction
- Domain Names as Trademarks
- When is a Domain Name a Trademark?
- Forget the ".com"
- Distinctiveness
- Identify Your Products and Services
- What Trademarks Protect
- Benefits of Trademark Registration
- If You Don't Register
- Acquiring Trademark Rights
- Use in Commerce
- Intent to Use
- Trademark Search
- Why Trademark Search
- Electronic Filing
- Registration Refusal
- Post-Registration
- Trademark Infringement
- Cybersquatting
- Non-Infringing Use
