Many webmasters erroneously believe that just because their domain name registrar says a particular domain name is 'available' that it truly is. This is not necessarily so. Even if a domain name is physically available, it may not legally be open for use. Why? It's because there might already be a company that has the rights to the keywords used within the domain name.
If this happens yet the webmaster claims the domain name anyway, they are at risk of losing it through a domain name arbitration proceeding. They could even be charged with trademark/copyright infringement if things get really ugly. For this reason it's best to make sure the keywords used in a domain name aren't protected for someone else. This article will explain how webmasters can make such a determination.
First, webmasters need to check and see if their chosen domain name resembles any existing trademark that is on the books. They will want to do this before actually investing any money in the domain name. To search existing trademarks, webmasters can visit the website of the U.S. Patent and Trademark Office which is USPTO.gov. From here they can search a database that contains current trademarks as well as those that are pending.
After all, if a webmaster would prefer a zero percent risk, they'll simply try to consider one other domain name. Once they go about doing this, they have to be more generic and less inventive in what they arrive up with. Using search engine keywords for a domain name is one such strategy. Webmasters may also look into utilizing dictionary terms. If everything else fails they will take a generic term and combine it with a term that is less likely to be taken.
Either way, once a suitable domain name has been chosen, webmasters should consider getting it trademarked themselves, especially if they are using it to help brand their business. With an official trademark, a webmaster has more legal power should another company try to take them to court. And since there's no shortage of domain name bullies, a webmaster should use all legal avenues available to protect the rights of their business.
In conclusion, by checking whether or not a website domain has keywords which are a part of a trademark, site owners reduce thehttp://www.blogger.com/img/blank.gif danger that they will have legal issues in the future. If there are problems, and a website domain arbitration proceeding does nhttp://www.blogger.com/img/blank.gifot rule in a webmaster's favor, they can flip to The Domain Name Rights Coalition.
By: Sagar Jawale
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Want to find out more about registering a domain name, then visit Sagar Jawale's site on how to choose the best domain registration for your needs.
Avoiding Trademark Infringement When Choosing A Domain Name
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Friday, December 9, 2011
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