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.

---

Whats in a Domain Name?

You've decided to start up your own website. You've weighed all of your options, and have come to the conclusion that you want to purchase web space for your site. Good job; you're... Read More

A Guide to Sell Your Domain Name Quickly

Everyday I read this question on different forums "how I sell my domain quickly?" To me earning huge income from domain and selling it quickly are two different things, and you have to... Read More

Detagged Domains

What is a DETAGGED domain name? We get asked this question regularly.Only UK domain names can be detagged. A domain name that has been DETAGGED is no longer hosted on valid name servers.What... Read More

How to Get Rich Playing With WORDS!

How many times have you read or heard on the news that someone hit a state lottery? Winning Millions of Dollars.The odds of winning a major state / multi-state lottery is for example:... Read More

The Growth of ru-Domains

The registry of ru-domains reports, that the number of domain names registered in Russia's national domain, the ru-domains, has increased 19.82% in the first half of 2004 to 256.356 ru-domains.Ru-Center compares this to... Read More

Five Ways To Profit From Public Domain Information

Ever wondered why Walt Disney never got sued for intellectual property theft?C'mon, the guy ripped off so many Hans Christian Anderson and Grimm Brothers' fairy tales! And he never paid the said authors... Read More

Earn Money With Parked Domain Names

Do you have domain names that you are not currently using?Did you know that these domains can actually become a source of revenue for your online business?There are several companies on the internet... Read More

Sub Domains - An Inexpensive Solution to Grow Traffic

Read this brief article that reflects what we learned about subdomains and their important role in effective internet marketing.A sub-domain is a section of your main web site, set up and recognized as... Read More

Got a Small Business? Choose the Right Domain Name

Choosing a domain name can be daunting. Research the subject (after all, you're the type of marketer who researches, right?) and you'll be hit with a landslide of opinions, most contradictory. There is,... Read More

Protecting Your Domain Names

Domain Dispute is no longer news unless a Madonna or Julia Roberts type of celebrity gets involved. However, greater now than ever is the risk for domain registrants to lose their domain names... Read More

Expired Domains Explained

It is annoying to find that you have a great idea for a site but when you start searching for a domain name to match you find every possible combination has been registered.... Read More

What is Domain Name Backordering?

Domain names are the hottest net-real-estate on the internet. It's no wonder services like: "Domain Name Backordering" is available to the public. Can someone really backorder your domain right from underneath you? Guess... Read More

Before You Register a Domain Name for Your New Online Business...

Recently I made a mistake that may cost a great deal of traffic to my new web site.Let me explain...I studied so many books about Internet marketing over the last couple of years... Read More

WhyYouNeedThatPerfectName.com!

"What's in a name? That which we call a rose, By any other name would smell as sweet" -Shakespeare (Romeo and Juliet)A rose perhaps but not your domain name!Welcome to the dotcom bubble!... Read More

Public Domain - Internet Gold Mine

With the advent of the internet and the ease of which information can readily be downloaded and compiled you would think that more people would realize that the public domain is a source... Read More

Understand the Domain Name System

Ever wonder why DNS systems came into existence? Efficiency. Every computer has a distinct IP address, and the Internet needed an elite method for obtaining these addresses and for managing the system as... Read More

Domain Name Strategies Maximize Profits

Whether you want to come up with your own original name or wish to buy someone else's, here are some strategies for obtaining a profitable domain name.1. Do It Now!If you do think... Read More

42 Killer Domain Secrets Exposed!

The Basic StuffEvery website needs a domain name. Example "WebBootCamp.com" is a domain name. Your domain is your website address, a.k.a. URL (universal resource locator). Should you use your company name for your... Read More

How To Boost Affiliate Profits Using Secret Domain Tricks

Want to increase your affiliate link click-through rates and profits?Then you'll need to learn how to master your domain.One of my favorite episodes of Seinfeld was the "master of your domain" show where... Read More

Domain Names - How to Choose, and Register One

What is a domain name?A domain name is the address of your website and it looks like this: (http://www.ebizmodelsyoucancopy.com/). Website addresses are unique, just as your personal ID; no one else in the... Read More

E-Business: Domain Names - Bad Faith

Ian McMillan registered the internet domain name TrivialPursuits.net and won the right to continue using it, after a challenge from Horn Abbot, the makers of the board game, failed to stop him using... Read More

Selecting Your Domain Name - Things to consider

Selecting your domain name Selecting a domain name can be a very frustrating process as a lot of domains have been sold already. With 30.000+ domain names being sold each day it can... Read More

Signing up for a Domain Name? Consider Private Registration

A plethora of websites exists to register a domain name. Google 'register domain names' and have a fun-filled time comparing prices. Though price is definitely a consideration when choosing a domain name registrar,... Read More

Domain Names More Choices than You Think

When you are choosing a domain name you will probably be looking for a .com or maybe a .net. This on the whole is sensible advice, but if you are offering something a... Read More

Whats In A Name: Selecting the Right Business Name

With all that's written about selecting a domain name, I thought I would address the ART of selecting a name for your business. It's by no means an easy task or one that... Read More

How Can You Choose the Best Domain Name?

It's all in the NameThe domain you use for a particular site can have a huge impact in the way that humans and search engine spiders perceive it. Domain names were once so... Read More

How to Win Expired Domains

Every day thousands of expired domain names come back onto the market. This is due to the owner not extending their registration. The reason for non registration of domains can be for a... Read More

Virtual Airport

Aero Registrar Secura GmbH proposes to the IT departments of airports to sell aero-domains to companies at the airport. Airports can build a portal of the airport and forming by this a kind... Read More

How to Choose the Right Domain Name

What's in a name? Everything! A domain name is the first thing that pops up when people are exploring through a search engine or directory, so it's important to come up with something... Read More