The impact of trademark law on domain names — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

The impact of trademark law on domain names

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Use: There are a variety of ways in which a registrant can use another’s trademark in connection with a domain name. 

Cybersquatting refers to the purposeful registration of marks as domain names in order to sell them to the mark owner for a hefty price.   Similarly, typosquatting involves the registration and use of a domain name that contains a common misspelling of a mark.   Cybergriping is the incorporation of a mark into a domain name at which a website critical of the owner is posted.

Application of the Lanham Act: Although traditional trademark law does govern the use of a trade or service mark in a domain name, it does not provide adequate protection for the trade or service mark owner in all circumstances. 

For example, to succeed on a claim of infringement, a mark owner must establish that the registrant of a domain name that corresponds to its mark is “using it” in a manner that is likely to cause confusion.  Beca...(register to read more)

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