I want to register my domain today but I am alittle confused about what to do about all the "trademark stuff." The name that I have chosen is a variation of a pretty common name. Does this matter? I found a site NameProtect.com, to check for any trademark conflicts and it just made me more confused. What are the basic guidelines to follow before deciding, registering and going ahead with a chosen name??? I've been trying to find stuff like this on the web but am just getting bits and pieces of info here and there. I almost feel, after reading stuff online, that it will be risky to pick ANY name. Please clear up my confusion!

Thanks,
Carolyn

You can legally own any domain name that is currently available (this was straight from my lawyer). He told me that you only breach a trademark (ie: nike.com) if you use the domain. For example, I can own nike.com but if I actually put a website up marketing anything then I am breaching nike's trademark. Buy a domain name and if someone comes along and tries to serve you court papers just sell it to them, or put up a "domain for sale" website.

Anyone else have any input?

Really Tabernack?

I've never heard of that. I know that plenty of people have been sued over owning domain names of major sports figures (ie http://www.michaeljordan.com). I don't know if they actually developed the sites or not.

In one of the other postings here someone said microsoft sued over something like HotSmail.com whether that is true i cant say.

But i thing general things are not trademarked, other wise someone could trademark hambuger, then burger kind would have to take down there signs

Not sure if you've been here already but: http://www.uspto.gov

Might be different in the states. But that's what happened with me for a domain I owned. Legally, there was nothing the other party could do except for:

1) Offer to purchase the domain from me.

2) Prevent me from using it in any way.

But it may be a different story for a domain like http://www.michaeljordan.com, unless your name IS Michael Jordan.

Trademark issues regarding domain names are difficult to discuss because every one is different. Each case depends as much on the name in question as anything else, not to mention certain particulars.

There are a few things that hold true, like not being able to trademark common words. That explains why you ar emistaken about the hamburger example, C. Guy. You are also confusing suing with winning.

I think your lawyer is mistaken, tabernack. Owning a domain name does not bestow the legal right to use it. That is done by other factors. If someone were able to register coca-cola, as an example, under one of the new TLDs due next month, I'd bet they'd find out real fast that they don't have the legal right to own the domain, much less use it.

It's important to remember that lawyers have their areas of specialty and that it is best to consult with one conversant with trademark law bewyond the basics.

Hi Duster,

I think you misunderstood my post (or it wasn't clear). Owning a domain does NOT bestow the legal right to use it. That was my whole point. You can own the domain, but using it is a whole different story. Again, I'm no lawyer, but this is what I was informed by a trademark lawyer here in Montreal.

But you are correct that every situation is different, depending on the name registered and the issue surrounding it, the outcomes could be very different.

[Edited by tabernack on 12-31-2000 at 01:03 PM]

It was clear enough. I simply dispute the assertion that one has a legal right to own a domain name even if it is not used. I don't believe that is true.

Originally posted by Duster
I think your lawyer is mistaken, tabernack. Owning a domain name does not bestow the legal right to use it. That is done by other factors.

Hi Duster,

I was refering to this part of your post. I never mentioned that owning a domain bestows the legal right to use it. I posted the exact opposite actually.

You may very well be right regarding the legal right to own a domain, but this has not been my experience when served legal papers regarding a domain I owned. Again, it most likely boils down to the situation, as every one may be different.

Well, I'm off to the cottage in over 25 inches of snow to celebrate the new year. Happy New Year everyone! :)

[Edited by tabernack on 12-31-2000 at 01:41 PM]