Avoiding Trademark Infringement When Choosing a Domain Name – Do not choose domain similar to a company domain

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.
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If a domain name is similar to a registered or pending trademark,
webmasters need to evaluate whether the domain name is still worth
taking. Usually, if a site is not selling the same types of merchandise
or services that the other business is selling and the trademark is not
popular, a webmaster probably won’t get into legal trouble if they
decide to go on and register the domain name. To be completely sure,
webmasters can run the domain name by a trademark attorney. It
shouldn’t cost too much for an hour consultation.

Of course, if a webmaster would prefer zero
percent risk, they can simply try to think of another domain name. When
they go about doing this, they need to be more generic and less
creative in what they come up with. Using search engine keywords for a
domain name is one such strategy. Webmasters can also look into using
dictionary terms. If all else fails they can take a generic term and
combine it with a term that is less likely to be taken, such as their
first and last name.
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, (companies that try to steal profitable domain
names from smaller enterprises), a webmaster should use all legal
avenues available to protect the rights of their business.

In conclusion, by checking
whether or not a domain name has keywords that are part of a trademark,
webmasters lessen the risk that they will have legal problems in the
future. If there are problems, and a domain name arbitration proceeding
does not rule in a webmaster’s favor, they can turn to The Domain Name
Rights Coalition.

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