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Protecting domain names
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September 8, 2000: 2:54 p.m. ET
Domain names not covered by trademark or copyright laws
By Jane Applegate
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NEW YORK (CNNfn) - Dear Jane: If I registered my domain name, is it fully protected from infringers?
One of the major misconceptions in the Internet economy is that a domain name registration is the same as trademark and copyright protection. But it's not. The United States Patent and Trademark Office, which registers trademarks, does not handle domain registrations and is not connected in any way to the organizations that do. This means the laws that protect trademarks and copyrights do not apply to domain names.
Legal advisors say there are no laws preventing someone from registering a domain name nearly identical in sound or spelling to yours. And, worse yet, if you happen to choose a domain name that is too close to someone else's trademark, whether they use it as a Web address or not, you could find yourself named in a trademark infringement lawsuit.
"Overwhelmingly, businesses are failing to protect themselves by not securing their domain names as trademarks," said Alan Davidson, a patent attorney. "While the numbers are moving in a positive direction, most businesses on the Internet are at risk that a trademark owner may appear and tell them to 'cease and desist' using that domain name."
"The smart domain-name holders protect themselves in two ways: first, they complete a trademark search before selecting a domain name to ensure availability, and secondly, once they adopt the name, they register it as a trademark to protect themselves from business disruption," advises Davidson. "This way they are covered from all sides."
Here are some tips to consider:
· Before you register a domain, conduct a trademark search with the USPTO to make sure the name is available.
· USPTO records take several months to update, so you might want to consider a fee-based search service like Marksearch. Often, conducting a thorough trademark search requires the assistance of a patent and trademark attorney, but it's worth the investment.
· Once you've registered your Web address, take the extra step to protect the name by filing for a trademark with the USPTO.
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