Your Domain Name - It's Your Business' Brand, But Do You Own It?
Your business' domain name is what separates you from the pack online. It's your Web address, your virtual store's marquee. Without that familiar "www" prefix found before the domain name, you may as well have no Web presence. Keep in mind, however, that domain name controversies are a common occurrence and will only become more so as the world of Web commerce gradually becomes the dominant way people conduct business. Before you invest in the building of a website and an ecommerce business, it's smart to consult with an intellectual property lawyer specializing in Web domains.
Assuming that you've gone through the proper channels to acquire a domain name that is, in actuality, yours, the name becomes your lawful property. However, just because you purchase a domain name, it doesn't necessarily indicate that you'll be allowed to trademark it and enjoy the protections that come with that status. The judicious choosing of a domain name is a discussion in itself. For now, suffice it to say that if you use universal words to build your online business' name, you won't have a leg to stand on should another person or company create a site with a name similar to yours. Your site's name with its unique word order and/or spellings is yours, but others may do their best to copy it.
You secure the rights to a website name by employing the services of a domain name registration company. There are several out there, so you have choices. You can elect to register the name for up to ten years, with a year being the minimum. During that period, you hold the rights to the name and the power to build a site to use for online business.
Cyber squatters - sophisticated online thieves, basically - have many tricks in their repertoire. An earlier tactic was to register a trademarked brand as a domain name. Their game was to force the company to have to buy the domain for a considerable price. Another trick they use is name jacking - creating a site named after a person or business and capitalizing on it.
The number one rule before setting up an online shop: consult with an intellectual property lawyer versed in Internet law. He or she will be able to run background checks on your proposed domain name, making sure it isn't trademarked, that there are no lawsuits hovering above it and that it has not been stolen. This will help you avoid a number of potential problems. Should you skip the consultation and go it alone, you could wind up registering a domain that infringes upon someone's trademark. A cease and desist letter followed by the threat of legal action will likely follow, for you can be certain the trademark holder has legal protections in place. It works both ways, though. Having an intellectual property attorney in your corner is helpful should someone try to squat on your domain or attempt to illegally profit from it.
Your domain name is your business' brand, so it's vital that you actually own it and that it doesn't infringe upon the ownership rights of another party. Don't risk losing future business for lack of diligence. Consult with an intellectual property lawyer in advance, and get your virtual house in order now to spare yourself a messy cleanup later.
About the Author
Author Stephen Daniels highly recommends Baker & Rannels at http://www.tmlawworldwide.com for those seeking intellectual property lawyers. Their legal team, based in New York, has more than 63 years experience in both the U.S. and around the world. Their specialty is helping businesses with trademarks and domain names, including research, registration and litigation when appropriate.
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