| By Shelley Lowery I recently
received an email from a concerned fellow Internet-business owner, asking for
my opinion on an issue that could literally destroy his Internet business and
the business of several other domains involved. He had received legal notice
from a prominent company, stating that he needed to relinquish his use and rights
to his Web site domain name because it contained three letters that infringed
upon their trademark and their domain name. This same company also contacted several
other Internet business owners and made similar demands. Should a company
that registers a specific trademark have the ability to destroy numerous businesses
that legitimately registered domain names? Should a company that registers a trademark
have the responsibility of ensuring that a domain name registration agency doesn't
issue domain names that may be a trademark infringement? Or should an Internet
business have the responsibility of making sure a potential name doesn't Infringe
upon a registered trademark? Where does the responsibility lie? Ultimately,
the responsibility lies with the domain name registrant, as the trademark laws
that apply in the hard copy world also apply on the Internet. Any company
that registers a trademark has the right to protect their trademark and has the
right to notify you that your domain name is infringing upon their trademark.
Why? If your domain name has the potential of confusing the public into thinking
the trademark holder is somehow affiliated with your web site, they may bring
infringement claims against you. The courts would have to make the decision based
upon the trademark laws and if your domain name, in fact, has the potential of
confusing the public. Domain name registrants can protect themselves as
well. If you have a registered domain name that doesn't infringe upon any trademarks,
you too may be able to register a trademark. Registering a domain name as a trademark
isn't easy, but it can be done. Although you can't register the http://www. or
the .com, if the use of your name fits the laws criteria, it can be registered.
You should consult with an attorney familiar with the Internet, trademarks and
the laws prior to registering your domain name as a trademark. For a complete
explanation, visit: http://www.uspto.gov/web/offices/tac/notices/guide299.htm As
stated by the United States Patent and Trademark Office, http://www.uspto.gov/
"A mark composed of a domain name is registerable as a trademark or service mark
only if it functions as a source identifier. The mark as depicted on the specimens
must be presented in a manner that will be perceived by potential purchasers as
indicating source and not as merely an informational indication of the domain
name address used to access a web site." In other words, the use of a domain name
must not be used simply as an address to direct customers to your web site, but
must be used to identify the products or services of the business claiming the
trademark, which provides products or services via the Internet. If you're
in the market for a domain name, you may want to consider searching the Trademark
Electronic Search System, http://tess.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk
prior to registering a domain name. By researching the trademark regulations and
knowing your rights, whether you hold a trademark or a domain name, you may be
able to avoid the possibility of litigation. | 
