Domain Name Game
It is the last great land grab of the century. Every day, thousands of domain
names are being staked out and claimed. Businesses that are slow to respond
can lose their Internet name, a vital advertising and marketing component.
Even worse, they may have to pay the bandits of the internet - so called cybersquatters
- that scoop up names and re-sell them for a large profit.
How valuable is a domain name? Compaq recently paid over $3Million dollars
for the domain name www.altavista.com - $cha ching$! Also in the local news
was the hostage domain name www.WNDS.com, which was registered by the competition,
WMUR, forcing WNDS to use an alternate domain name.
A domain name typically refers to the second part of an internet address,
more specifically, the second-level domain name. For example, in www.XYZCOMPANY.com,
the second-level domain name is the XYZCOMPANY portion, whereas the .com is
called the top-level domain name. The mnemonic of the second-level domain name
makes it easier to find a company, and every company wants to own their name
on the Internet.
It is a first-come and first-served filing system for those companies operating
with the same name. And multiple companies with identical trademarks can have
nearly identical domain names because even a single difference produces a different
numerical internet address. Both parties can co-exist on the Internet, provided
that trademark rights are notinvolved.
Don’t be hijacked by cybersquatters, mistreated by the
competition, or lose your primary domain name because you're not ready to
develop a website.
You can - and should - secure the domain name that is your trademark to preserve
your place on the Internet.
The first step is to treat the domain name as a trademark,
and perform a trademark screening search on the domain name you desire. If
you register a domain name
that represents a trademark of another party, you risk losing the name and
possibly incurring legal expenses for trademark infringement. A trademark screening
search checks the federal and state registries as well as phone directories,business
listings, domain names, and search engines for commercial usage of the trademark.
If the mark is "clear", you can proceed with registering the domain
name.
If you don’t have a webmaster yet, there are many websites
that can help you register a domain name. The domain name can later be transferred
when you set-up your own website. One useful site, http://www.register.com,has
a
very simple interface that even non-techies can use. The cost to register
is $70, which is good for two years. A lot less than the legal fees or costs
to
obtain the domain name at a later date.
If your name, saywww.XYZ.com, is taken, you can try to register alternatives,
such as www.XYZ-INC.com, www.XYZCOMP.com or www.THEXYZ.com. You can also try
to register the domain name on a different top-level domain, such as www.xyz.NET
or www.xyz.ORG. But, be sure to avoid any registered trademarks.
Once you register the domain name, consider filing a federal trademark application
to protect the nationwide trademark rights of the mark. Especially if you plan
on using the Internet to advertise and sell your goods/services andthe name
is a vital component of your business plan.
Trademark law is an important consideration when dealing with
domain names. But, the agencies responsible for the administration of domain
names have
yet to set out a plan that works to everyone’s satisfaction. Although
there is a dispute policy on record - it works as well as an umbrella in a
hurricane.
Many of the situations involving trademark infringement are being handled
(sometimes mis-handled) by the courts, incurring legal expenses for both sides.
Don't delay - play along in the domain name game. More information about trademark
law can be obtained from the Patent and Trademark Office http://www.uspto.gov
|
