In the age of modern technology, a domain name is one of the most powerful ways to get your original mark noticed by prospective customers. But as you decide what string of letters to use to identify your website on the Internet, you must ensure that they are one of a kind. That is, anything less than original may have you facing legal troubles, such as accusations of trademark infringement. Continue reading to learn how to avoid trouble and how an experienced New Jersey domain name dispute lawyer at The Ingber Law Firm can help you resolve any issues.
How do I avoid getting into trouble with my domain name?
We understand that you may not have any intention of infringing upon another party’s domain name. This is why it is in your best interest to conduct diligent research to make an informed decision. Without further ado, you may follow the below tips to avoid getting into trouble with your domain name:
- Consider choosing a domain name that is unlikely to infringe upon another party’s ownership rights (i.e., a drastically different domain name than a well-known one that offers similar goods and services).
- Consider routinely renewing your domain name with a domain registrar (i.e., GoDaddy, Google Domains, etc.) to maintain your ownership rights.
- Consider registering a mark with the United States Patent and Trademark Office (USPTO) to gain extra legal protection against domain name conflicts.
What should I do if another party is infringing upon my domain name?
On the flip side, you may find yourself in a situation in which another party is infringing upon your well-known, registered domain name. In this case, you may want to send the infringing party a cease and desist letter, in which you demand that they halt to use of their infringing domain name. Or, you may want to file a complaint with the World Intellectual Property Organization (WIPO), in which they may rule that the infringing party transfer the domain name to you.
But if neither of these resolutions pan out, then you may want to take legal action. In your domain name dispute, you may present the following arguments and prove them as true:
- You may argue that the infringing party’s website sells confusingly similar goods and services.
- You may argue that the infringing party’s website sells goods and services in confusingly similar channels.
- You may argue that the infringing party’s domain name is diverting customers away from your website.
Overall, it would be best if you did not take any chances regarding your domain name dispute. So please retain the services of a skilled Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm as soon as possible.