How to avoid copyright infringment in your domain name

One of the most important aspects of choosing a domain name is that it should be non-infringing. This is not an easy task since most unique names have already been registered. The number of useful domain names from the marketing point of view have become extremely limited. Several companies now register variations of their trademark names as a preventive measure against infringement. For example, check www.coke.com, www.coca-cola.com, and www.coca-cola.com, or try www.3m.com and www.mmm.com.

All these factors have led to a crisis of domain names and given rise to increasing cases of infringement of domain names. A number of companies have taken legal action against other companies or individuals over alleged copyright violation on the domain names.

There are some fundamental guidelines and cross-checks for selection of a domain name.

You must carefully select some names that are relevant to your business model. You must be able to justify your reason for using the name. Your domain name should principally consist of a name you are using as a trade name, trademark or corporate name.

It is better to select more than one name since you are not sure about the availability of the required domain name.

Now, search the website of one of the prominent domain name registrars to check if the required name is available. If the name has already been registered by someone else, the search result will provide you with optional names that are similar to your requirements. For example, for the name "ford", the search result may give you similar names like "aboutford.com" and "fordbusiness.com".

If the domain name that you are looking has already been registered but there is no content being displayed at the domain, try to find out the details of the owner of the domain. It is possible that he/she may be genuine and have yet not published any content.

It is also possible that the owner does not plan to create a web site and is willing to give you the domain at the original price. You must confirm that the seller has ownership rights for that particular domain name.

Choosing a domain name that is same as or quite similar to another well-known trademark, may lead to legal action. The regulations governing these issues are dealt by Internet Corporation for Assigned Names and Numbers (ICANN).

It is very likely that you would lose right of your domain name if you have intentionally chosen a name similar to another domain name so as to confuse potential visitors to the site. For example, if your site deals in consumer electronics goods made by a Samsung competitor, do not choose the name "samsungbusiness.com" since a court is most likely to pass a verdict that you selected this name to divert attention of Samsung customers.

There could be others reasons of losing a domain name. It may be found that you have never carried out any business under that name or there is no person in your company similar to that name. Another reason could be that you intend to sell that domain name to your competitor for financial gain.

If your domain name is same as your name then you may be allowed to continue to use it, inspite of the fact that it is similar to someone else's domain name. But the usage of such a name is governed by certain conditions set by court. For example, Mr. Suki Nokia, who runs a cosmetics business, may be allowed to use the domain name "nokia.kr" but he would be barred from using his site to demonstrate any electronics-related information or advertising.

It is also possible for you to use a domain name that is similar to another's trademark if your objective is not to criticize the other person's business.

In the non-cyberworid, two companies may have the same name if they do not conduct a similar business or do not have similar product lines. Roxy Electrical and Roxy Laundry can coexist comfortably. However, in the web world, both Roxies cannot own the "roxy.com" domain name. The laundry Roxy could register under "roxy.laundry" and the electrician under "roxy.electrical."

A very useful tip is to buy all three of the top level domains - .com, .co.uk and .net. You should also buy all possible misspellings of your domain name before anybody else takes advantage of this fact.

You have put a lot of money and energy into building your business and if you are forced to give up the domain name, your business is likely to suffer due to it. So, you need to put your best efforts in choosing a domain name that is both distinctive and non-infringing.

Copyright © Active-Domain.com's domain registration service. All rights reserved. This article may be reprinted freely provided the resource box, Web addresses and copyright information remain intact.

---

10 Things to Ponder when Picking Your .com

1. Proper names VS Common Names. First of all there... Read More

How to Choose the Right Domain Name for Your Company

As the editor of DomainNameWire.com, I'm frequently e-mailed by people... Read More

Making Money with Expired Domains

There are billions of websites and thousands more popping up... Read More

Domain Name Registration - Key Tips

Domain name registration is a necessary, easy, and strategically important... Read More

Tips and Tricks To Getting Top Money for your Domain Names

Would you like to be that lucky person who sells... Read More

Warning: Your Domain Name Could Infringe On Trademark Rights!

If you have or are about to purchase a domain... Read More

Its Raining ccTLDs

By now you've probably noticed the onslaught of unfamiliar domain... Read More

A Guide to Sell Your Domain Name Quickly

Everyday I read this question on different forums "how I... Read More

5 Tips For the Perfect Domain Name

What is a domain name? A domain name is the... Read More

Domain Name Registration Explained

Registering a domain name is a pretty straight forward process.... Read More

Signing up for a Domain Name? Consider Private Registration

A plethora of websites exists to register a domain name.... Read More

Is Your Domain Costing You Traffic?

You visited a great website some time ago that had... Read More

ICANN Registrar: za-Domains for Anybody

Cologne, 12.10. 2004. ICANN accredited registrar Secura announces today,that the... Read More

Domain Names - How to Choose, and Register One

What is a domain name?A domain name is the address... Read More

How To Choose The Best Domain Name

In this article we are going to look at the... Read More

A Very Simple 3 Step Process To Find That Perfect Domain Name Using Some Free Online Tools

So you finally decided you want your very own home... Read More

Information on Domain Names

It's been two years since John started his online business.... Read More

Expired Domains Explained

It is annoying to find that you have a great... Read More

Why to Register md-Domains?

What is .md?.md is the web address that identifies you,... Read More

ICANN Registrar: Great promotion by is-domains!

ICANN accredited registar Secura is announcing today, that the company... Read More

How to avoid copyright infringment in your domain name

One of the most important aspects of choosing a domain... Read More

The Power of Domain Names in Marketing

Purchasing your own domain is inexpensive and very effective for... Read More

Detagged Domains

What is a DETAGGED domain name? We get asked this... Read More

The Growth of ru-Domains

The registry of ru-domains reports, that the number of domain... Read More

Secrets of Expired Domain Name Traffic

One of the biggest challenges to a webmaster is how... Read More

Liberalization of in-Domains?

Communications and IT Minister Dayanidhi Maran has -as Hindustan Times... Read More

Understand the Domain Name System

Ever wonder why DNS systems came into existence? Efficiency. Every... Read More

Deleted Domains Can Kickstart a New Website

Are you getting ready to launch a new website online... Read More

Domain Names

Domain names are relatively straightforward! Or at least that's the... Read More

What is a Domain Name and Where to Register?

A domain name is an alias for an IP address.... Read More

Does the Length of a Domain Registration Affect Your Search Engine Rank?

Does the length of your website's domain name registration affect... Read More

Selecting a Domain Name Registrar - How to Avoid Getting Burned

When it comes to registering your domain name you want... Read More

Your Domain Name, Your Business Address

Would you purchase anything from someone with a "@yahoo.com" or... Read More