Why does a business need to search to see if a desired domain name is protected by a trademark or used as a trade name?
Even if a domain name is available, another business entity or individual may be using the same word or phrase, or an almost identical word or phrase, as a trademark or a trade name. These businesses or individuals may choose not to register its trademarks as a domain name. But the business or individual might still be very interested in protecting its trademarks. A trademark owner may file a court action to try to prevent you from using your chosen domain name on the grounds that it infringes its trademark. For example, a trademark owner might obtain a court order preventing a business from using a chosen domain name if the trademark owner shows either that consumers will be confused about who is behind the domain name or that a business will attract consumers unfairly because its trademark is well known and consumers will seek it out on the Internet. In addition, a trademark owner can also initiate a domain name arbitration under the Internet Corporation for Assigned Names and Number
Related Questions
- If the trademark search finds a mark identical or similar to mine but the owner is no longer in business (or the mark is no longer being used by that business) am I free to use and register it?
- How will I know if my business name, when used with "SL" or "inSL," is confusingly similar to a Linden Lab trademark, domain name, product, or service?
- Can a businesss trade name be protected as a trademark?
