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June 18, 2021

How Enterprises Can Negotiate A Domain Name Trademark Infringement

The topic of domain name trademark infringement is something that a few domestic enterprises will encounter from time to time.

Especially for those businesses who have generic brand names and industry profiles, there can be hot competition to score a ‘.com’ or even ‘.com.au’ for certain groups.

Enterprises who want to be ahead of the game in this regard should take note of a few facts, helping them to act quickly and to avoid drawn-out litigation cases that really do no one any favours.

Have The Trademark Certified First & Foremost

One of the most common mistakes that people make about a domain name trademark infringement is equating an official trademark certification with a domain name. The two are not the same. Savvy operators know that they have to certify the name of the business first and then venture to online website hosts who sell these URL titles and names to the customer. For owners and managers to be ahead of the game, they need to follow in this order and ensure that they have those legal protections in place before worrying about the second digital component.

Look at Slight Domain Alternatives & Overseas Potential

While most infringements centre around the ‘.com’ titles that are in play, there are ways to get around a domain name trademark infringement with slight alterations. From the use of a hyphen in the name to a change to a ‘.net’, ‘.au’, ‘.uk.’ or ‘.org’ URL, this can help commercial brand participants from infringing on another company’s property under law. Thinking a little bit outside of the square can help businesses when it comes to navigating these waters.

Be Cautious About Operators “Sitting” On Domain Titles

Woman talking with a lawyer regarding domain name trademark infringement

A common occurrence that constituents will encounter with domain name trademark infringement will be those practitioners who deliberately ‘sit’ on a title. They understand that certain brands will be seeking ownership and seeing a chance to be bought out in the future, they will opt to buy it from a website host in due course. Unless staff members or representatives think quickly and act as soon as possible, there is little that can be done unless the other party can prove that they bought the name with the intention of squatting on it for a sale, something that is difficult to prove in court.

Bringing Aboard Legal Assistance

The best approach that any local enterprise can take when it comes to domain name trademark infringement is to bring aboard professional legal assistance. Operators in this field will understand the legal precedent and be able to guide clients throughout the process, outlining what they are entitled to, what terms they could be violating and whether or not the cost outweighs the reward.

Understanding The Value of a Name

Before the boom of social media and the expansion of digital media opportunities was extended to all brands, the issue of domain name trademark infringement was quite an important subject matter. This is not to say that there are no concerns in 2021 with businesses and organisations that believe they have been infringed upon or there is a case to be made in court. However, it is important for participants to recognise that there is only so much value in a domain name before the problem of litigation becomes more costly than it is worth.

In an ideal world, enterprises won’t have to worry about domain name trademark infringement because they will have reserved their title and enjoyed a nice clean product for marketing and SEO purposes. However, if there are difficulties along the way for those who are accused of violating terms or concerned that others are taking advantage, reach out to specialist representatives. Take the time to assess each option and proceed accordingly.

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About Floyd Montgomery