In this era of widespread internet usage, trademark laws gain special significance in the cyber world, particularly in terms of trademarks for domain names. This is quite critical because of the fact that your domain name communicates your identity and also highlights your services to the customers.
A registered domain name helps you in making legal claims against any individual, who steals your trademark and attempts to induce people into thinking that their products and services actually originate from you and that you are the patron of their website.
Having a domain name registered should always be preceded by comprehensive research, in order to prevent any possibility of trademark infringement. Your investigation must confirm the fact that your trademark is unique and does not resemble others in pronunciation, meaning or spelling. Get your trademark registered only after ensuring that it will not give rise to any possible trademark infringement claims.
To attain this, it is always advisable to hire the services of an attorney, particularly a cyber law practitioner who has thorough knowledge of all the nuances of the trademark laws. This will save you from serious trademark violation action that can arise in future.
It is important to note in this respect that a domain name can serve as a trademark only if it serves as a quick identifier of the products or services of your company, and not just as an online address that brings web users to your site.
Other than domain names and their possible violation, keyword infringement is a new menace in cyberspace, wherein original trademarks are lifted and used as keywords in advertisements put up through MSN, Yahoo, and Google, with the deliberate intention of creating confusion in the minds of consumers.
Using such a keyword is not tantamount to a violation if the online ads result in higher sales of the goods or services under the genuine trademark, but it is a violation if the advertiser starts using it as a tool for competing against the owner of the genuine trademark.
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