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In general, domain names are a ?first come, first served? commodity. The first person to purchase a given domain name retains the rights to the name until it is sold or the registration term expires. This is generally the case even when the domain name is a trademark.
Can I copyright my domain name? Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assigning of domain names through accredited registers.
Steps to buying a domain name Choose a reliable domain registrar. ... Find a domain availability checker tool. ... Choose the best domain name option. ... Purchase your domain name and complete its registration. ... Verify ownership of your new domain.
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or ...
A domain name cease and desist letter is usually written by an attorney, although sometimes it's written by the trademark owner. The letter is not a court order, so it isn't legally enforceable. The letter contains your opinion, while notifying the offender that they're intruding upon your trademark.
Trademark Infringement: If you use a domain name that is identical or confusingly similar to a registered trademark, you could be sued for trademark infringement.
But when someone intentionally tries to violate your trademark by registering a domain under false pretenses?a practice commonly known as ?cybersquatting??there are legal remedies available to enforce your intellectual property rights.
Domain name trademark infringement occurs when a person or business uses a domain name that is protected by a trademark, thereby infringing upon another's trademark protection.