domain name is trademark infringement

[rubyruby]

One of the most significant legal risks associated with choosing a domain name is trademark infringement. Even if the domain name is still available for purchase and registration, it may already be trademarked.

 

[Deleted member 322971123]

One of the most significant legal risks associated with choosing a domain name is trademark infringement. Even if the domain name is still available for purchase and registration, it may already be trademarked.

Yes and No,

There is still the way you can avoid registering or purchasing trademark registered domain names. WIPO, Tradmarkia are tool that I use to search for any possible trademark.

 

[bhartzer]

I definitely recommend staying away from domains that contain a trademarked word. You can check any domain through DNProtect by checking its DNP Score. Trademarks are checked when the DNP Score is calculated.

 

[Deleted member 322971123]

I definitely recommend staying away from domains that contain a trademarked word. You can check any domain through DNProtect by checking its DNP Score. Trademarks are checked when the DNP Score is calculated.

Unaware about this feature of DNProtect.com, nice feature and thank you for sharing.

 

[Maggie Mae]

It really depends, and you'd best consult with an intellectual property attorney if unsure. Usage and likelihood of consumer confusion is key.

As example, ACME Brick, ACME Staffing, and ACME Skateboards would be in different trademark goods categories, so allowed.

But, buy something like StarbucksDonutsAndCoffeeTampaDelivery and you can be in trouble. Because that is a category Starbucks the coffee co is branded in and no one would be able to use this domain without possible legal challenges. Even tho one would be national and the other local.

 

[accurate]

I definitely recommend staying away from domains that contain a trademarked word. You can check any domain through DNProtect by checking its DNP Score. Trademarks are checked when the DNP Score is calculated.

Thanks, I'll use it.

 

[Micky1215]

I definitely recommend staying away from domains that contain a trademarked word. You can check any domain through DNProtect by checking its DNP Score. Trademarks are checked when the DNP Score is calculated.

First time hearing it, thanks for sharing the info

 

[BiggieBiggie is verified member.]

Hi

you can also search trademarks here:

Trademarks

Find out how to register and maintain a trademark in the U.S., apply for an international trademark, and about protecting your registered trademark.

www.uspto.gov

Trademark Search

tmsearch.uspto.gov

Trademark Resources :: Justia Trademarks

Justia Trademarks is a free trademark service for finding a trademark by owner name, category or filing date

trademarks.justia.com

https://trademark-search.marcaria.com/en

Trademarks

WIPO's trademarks page is your starting point to understand, search, and register trademarks.

www.wipo.int

imo...

 

[accurate]

This is a good one.

Trademark247.com - Free Trademark Search

Instant, free trademark lookup by name, serial, registration number or company name

www.trademark247.com

 

[Proved SEO]

For infringement: Any person violating a domain name which is registered as a valid and subsisting trademark under the Indian Trademark Law will be held liable for infringement of Trademark under section 29 of the Act.

 

[XYNames]

Among the factors to consider:

Does the domain registration predate the trademark common law use or registration?

How is the domain being used? Multiple entities may trademark the exact same word for use in different applications, so if the domain is being used for example in the computer industry and the trademark is related to automobiles, then the domain registration could continue unmolested by the TM holder.

What is the likelihood of confusion between whatever the domain is being used for (or will be used for, if sold) and the trademark?

Where you get into trouble is if the domain is being used for NOTHING ("cybersquatting") and a valid trademark holder tries to take it away, but even then, there has to be some kind of infringement to end up losing it - the TM holder must prove that there would be likelihood of confusion between its mark and the name. In such cases the date the domain as registered might make a big difference.

 

[DomainBuyer]

Among the factors to consider:

Does the domain registration predate the trademark common law use or registration?

How is the domain being used? Multiple entities may trademark the exact same word for use in different applications, so if the domain is being used for example in the computer industry and the trademark is related to automobiles, then the domain registration could continue unmolested by the TM holder.

What is the likelihood of confusion between whatever the domain is being used for (or will be used for, if sold) and the trademark?

Where you get into trouble is if the domain is being used for NOTHING ("cybersquatting") and a valid trademark holder tries to take it away, but even then, there has to be some kind of infringement to end up losing it - the TM holder must prove that there would be likelihood of confusion between its mark and the name. In such cases the date the domain as registered might make a big difference.

What if youve owned the domain for years and were in the process of launching your business when someone filed a trademark of your name before you? Had the domain for many years. How can i get them to back away from my term?

 

[HelmutsHelmuts is verified member.]

What if youve owned the domain for years and were in the process of launching your business when someone filed a trademark of your name before you? Had the domain for many years. How can i get them to back away from my term?

you should be safe if you owned the domain name before their TM submission. Of course, if the domain name doesn't tarket their niche and brand directly

of course, you would need a profesional advice from people like @jberryhill

 

[DomainBuyer]

So they targeted all of my niches. i need to overturn this cybersquatter.

 

[nicenicnicenic is verified member.]

Yeah, trademark risk depends on use, jurisdiction, and likelihood of consumer confusion.

 

[Nickz]

Yeah, trademark risk depends on use, jurisdiction, and likelihood of consumer confusion.

A source for that would be great to see.
Also who can enforce the trademark?

There are now more 3rd world Startup section fintech with domains similar to other firms, already established.

 

[Nargil]

A source for that would be great to see.
Also who can enforce the trademark?

There are now more 3rd world Startup section fintech with domains similar to other firms, already established.

I would not be bothered about those 3rd world ones, but bigger companies will often go after you. Starting a WIPO dispute will cost you around $2000, so small business will not really bother, unless you really decide to step on their toes and launch a very similar site on a trademarked domain.

And basically in all cases, the "defendant" loses. Over the years I've seen cases where the trademark definitely wasn't breached, but nobody cared, not even appeals helped.

So definitely do your basic trademark checks, but if it's something generic and the only match is something in India, then I wouldn't be too bothered.

 

[Nickz]

And basically in all cases, the "defendant" loses. Over the years I've seen cases where the trademark definitely wasn't breached, but nobody cared, not even appeals helped.

What you should do is to negotiate. With a $2k price tag plus lawyer and court fees is a good base line for a domain sale.