Trademark And The Internet

By Alex Finn

Any talk on the requirement of trademark laws for the internet always leads to the requirement of trademarks for domain names. This is quite crucial because of the fact that your domain name communicates your identity and also highlights your services to the customers.

A registered domain name helps you in taking legal action against any person, who infringes your trademark and attempts to induce people into thinking that their goods and services actually originate from you and that you are the patron of their website.

However, you need to do a thorough search for identical domain names in existence before registering your trademark, in order to avoid any infringements. The research should investigate the existence of similar marks that have a strong resemblance in looks, pronunciation or meaning to the domain name you have chosen. Get your trademark registered only after confirming that it will not lead to any potential trademark infringement claims.

For this aim, it is better to hire an attorney, preferably a cyber law specialist, who also has a thorough knowledge of trademark regulations. This can greatly help in avoiding future disputes related to possible violation.

It is essential to note in this regard that a domain name can serve as a trademark only if it serves as an identifier of the goods or services of your business, and not just as an address that brings web users to your site.

Besides domain names and their possible violation, infringement of keywords is a new menace in cyberspace, wherein genuine trademarks are infringed and used as keywords in ads put up through Yahoo, Google, and MSN, with the deliberate intention of creating confusion in the minds of consumers.

However, it should be remembered that such use by advertisers is not considered an act of infringement if by using the trademark the person or company contributes to the sale of the products or services of the owner of the genuine trademark, and not act as his rival.

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