One of the most
important aspects of choosing a domain name is that it should be
non-infringing. This is not an easy task since most unique names have already
been registered. The number of useful domain names from the marketing point of
view have become extremely limited. Several companies now register variations
of their trademark names as a preventive measure against infringement. For
example, check www.coke.com, www.coca-cola.com, and www.coca-cola.com, or try
www.3m.com and www.mmm.com.
All these factors have
led to a crisis of domain names and given rise to increasing cases of
infringement of domain names. A number of companies have taken legal action
against other companies or individuals over alleged copyright violation on the domain names.
There are some
fundamental guidelines and cross-checks for selection of a domain name.
You must carefully
select some names that are relevant to your business model. You must be able to
justify your reason for using the name. Your domain registration should
principally consist of a name you are using as a trade name, trademark or
corporate name.
It is better to select
more than one name since you are not sure about the availability of the
required domain name.
Now, search the website
of one of the prominent domain name registrars to check if the required name is
available. If the name has already been registered by someone else, the search
result will provide you with optional names that are similar to your
requirements. For example, for the name "ford", the search result may
give you similar names like "aboutford.com" and
"fordbusiness.com".
If the domain name that
you are looking has already been registered but there is no content being
displayed at the domain, try to find out the details of the owner of the
domain. It is possible that he/she may be genuine and have yet not published
any content.
It is also possible that
the owner does not plan to create a web site and is willing to give you the
domain at the original price. You must confirm that the seller has ownership
rights for that particular domain name.
Choosing a domain name
that is same as or quite similar to another well-known trademark, may lead to legal action. The regulations
governing these issues are dealt by Internet Corporation for Assigned Names and
Numbers (ICANN).
It is very likely that
you would lose right of your domain name if you have intentionally chosen a
name similar to another domain name so as to confuse potential visitors to the
site. For example, if your site deals in consumer electronics goods made by a
Samsung competitor, do not choose the name "samsungbusiness.com"
since a court is most likely to pass a verdict that you selected this name to
divert attention of Samsung customers.
There could be others
reasons of losing a domain name. It may be found that you have never carried
out any business under that name or there is no person in your company similar
to that name. Another reason could be that you intend to sell that domain name to
your competitor for financial gain.
If your domain name is
same as your name then you may be allowed to continue to use it, inspite of the
fact that it is similar to someone else’s domain name. But the usage of such a
name is governed by certain conditions set by court. For example, Mr. Suki
Nokia, who runs a cosmetics business, may be allowed to use the domain name
"nokia.kr" but he would be barred from using his site to demonstrate
any electronics-related information or advertising.
It is also possible for
you to use a domain name that is similar to another's trademark if your
objective is not to criticize the other person’s business.
In the non-cyberworid,
two companies may have the same name if they do not conduct a similar business
or do not have similar product lines. Roxy Electrical and Roxy Laundry
can coexist comfortably. However, in the web world, both Roxies cannot own the
"roxy.com" domain name. The laundry Roxy could register under
"roxy.laundry" and the electrician under "roxy.electrical."
A very useful tip is to
buy all three of the top level domains - .com, .co.uk and .net. You should also
buy all possible misspellings of your domain name before anybody else takes
advantage of this fact.
You have put a lot of
money and energy into building your business and if you are forced to give up
the domain name, your business is likely to suffer due to it. So, you need to
put your best efforts in choosing a domain name that is both distinctive and
non-infringing.
Author:Stanley Spencer
Source:Articlecity.com
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