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

Get PDF file

by on
in Business Management

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)

To read the rest of this article you must first register with your email address.

Email Address:

Leave a Comment

Previous post:

Next post: