The Battle Over Domain Names - A Good Trademark Lawyer Can Help

Internet domain names, and choosing the best one, are as big a part of modern business life as the enterprise name itself -- and quite often the two are one in the same. The web has become the key mode of client communication and contact for nearly everyone on the planet, and making sure that you control the legal rights to your brand name and branding on the internet is vitally critical. Too often, if you don't act quickly in registering your domain name, people known as "cybersquatters" can pounce on it, and try to charge you an outrageous fee to purchase it from them. If this takes place, contact a trademark infringement lawyer to determine if you have the right to sue to obtain control of the domain.

There is not much difficulty associated with selecting a domain name and making it official. A quick internet search will lead to several companies with whom you can check to see if your desired domain is available, and if so, to register it for a rate that is typically around $10-$12 a year. Most businesses will go ahead and register the same domain name in multiple endings, such as .com, .biz, .net, .org, .co, .info., etc., to shield against any copycat companies that want to usurp market share. With most, you can reserve the name for a number of years in advance, and you should get ample notice and opportunity to renew the name when the time comes.

Thanks to a court ruling in recent years (known as the Anti-cybersquatting Consumer Protection Act), if you own the trademark to your business name, you also have the rights to the corresponding domain name. If somebody has already taken the name, or even if they are using common misspellings to confuse or make money from your good name, that is called "bad-faith intent," and you would be wise to take this matter up with a qualified trademark infringement lawyer. It is also a good idea to speak with a trademark registration lawyer before you select your domain name, just to ensure that you are not choosing a name close to an existing company name, which could lead to a legal dispute. If you have registered the name in good faith -- for example, if your family name just happens to be the same as the name of a trademarked business, you can still fight for the right to the domain, but you should know upfront that the courts are increasingly ruling in favor of the businesses in these matters.

Ownership of any domain name can easily be determined by checking on a website called whois.com. There are some individuals who try to keep these details confidential for various reasons, but in cases where there may be a dispute over the name, this can be viewed as evidence of bad faith intent.

Whether you believe you have the right to a name that is already taken, or you are being harassed to turn over a name you registered in good faith, finding a good trademark infringement lawyer is essential to lead you through the endeavor, and help you protect your name once it is already in use.

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