Trademarks & The Internet

The World Wide Web is still considered by many to be akin to the Wild Wild West. The law has not yet caught up with this new, borderless world, and if there are laws in place, they are extremely difficult to enforce because there is no International body of laws to govern the online world. The expansion of the World Wide Web has also led also to an expansion in Trademark infringement claims and lawsuits involving the Internet, typically involving Domain Name disputes.

WHAT IS A DOMAIN NAME?

A Domain Name is your website's own unique address and your online identity. Ours is www.c2globallaw.com. Domain names, used for both website addresses and for email addresses, are assigned under the authority of the Internet Corporation for Assigned Names and Numbers (ICANN). You can purchase a Domain Name from any number of ICANN approved registrars.

ARE DOMAIN NAMES COVERED BY TRADEMARK LAW?

Domain Names are covered by Trademark Law if you use your Domain Name to identify your goods or services. By doing so it acquires Trademark protection. However, the mere registration of a Domain Name does not convey Trademark rights.

WHAT TYPES OF DOMAIN NAME DISPUTES ARE THERE?

There are several types of Domain Names disputes including but not limited to:

• Domain Name Infringement – is the use of a Domain Name by a person(s) not entitled to use the Trademark
• Cybersquatting – when a party reserves a Domain Name that is the Trademark or trade name of another and does so with a bad faith intent to profit from the registration of the disputed Domain Name
• Demand for the same Domain Name by multiple owners of the same Trademark – referred to as Access Conflict
• Domain Name Piracy & Extortion - when a person(s) registers a Domain Name using Trademarks that belong to another and then offers to transfer the Domain Name registration, for a price, to the owner of the Trademark

Trademark Law as it applies to the Internet is still evolving and in a constant state of flux. Contact the C2 Global Law Trademark Lawyers for all of your issues related to Trademarks and the Internet. We keep on top of current legislative changes and can offer you the best advice possible for your particular situation.