Do Trademark Laws Govern Website Domain Names?

Posted by Copyright Law Enquirer on July 19th, 2009 at 04:28pm

Like if I wanted a site called www.Lori’sClorox.com is that a trademark violation? I’ve looked at the trademark site with a fine tooth comb. Can’t find anything pertaining to the web. But….. since the US trademark only governs the US, how can it govern the web that is worldwide?

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3 Comments for Do Trademark Laws Govern Website Domain Names?

  • 1. David545  |  July 19th, 2009 at 5:21 pm

    Lori:
    Trademark laws do have some power to prevent someone from using a registered name in a web site.
    If you are planning on making money from the site, then you are definitely at risk with your web site, and if you are not making money, then I would question the rationale for wanting to do this. The reality is, if a big company’s legal department doesn’t like the name of your web site, they can make your life miserable (not to mention costing you a lot of money in legal fees if you decide to fight it.) Rule One of business: don’t get in a fight with someone who has resources far greater than yours.
    Best bet is: don’t go there. Your life will be much simpler.

  • 2. Dave Zan  |  July 19th, 2009 at 6:53 pm

    The first question you ought to ask yourself is WHY you want to register the domain name. As one of the others here answered, you’re in potential trouble if you intend to register a domain name for commercial use that’s potentially infringing an existing trademark.
    US trademarks only apply to the US. But US-based trademark holders have at least 2 options should they decide to hold you liable for trademark infringement, especially if it’s a .com involved.
    Weigh your risks.

  • 3. cg  |  July 20th, 2009 at 1:15 am

    Use it! If they don’t like it, they will ask you to remove it or change it…
    As far as I know, it won’t be any type of infringement as long as you’re not saying libelous (spell?) things about them, or are referring to anything regarding bleach.
    You can always send them an a letter or email requesting their viewpoing. Ask for a hard-copy letter in reply if they can. At least an email from them would help. That would help you in case you do use the name and they complain.

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