A strong domain name may be important for your business because it adds to its professional credibility, increases its brand awareness, and protects its assets and online identity, among other things. For these reasons alone, you may wonder if obtaining intellectual property protection over yours is possible. Without further ado, please continue reading to learn whether your domain name is considered a form of intellectual property and how an experienced New Jersey domain name dispute lawyer at The Ingber Law Firm can help you protect it.
Is it possible that my domain name is considered intellectual property?
Well, a domain name may not necessarily be considered a piece of intellectual property, so it may not always qualify for intellectual property rights. This may be for many reasons. For one, intellectual property rights are intangible rights attached to a tangible expression. However, a domain name is a string of characters that may be unattached to a tangible thing.
Secondly, intellectual property rights are meant to protect unique or distinctive creative works. Now, a domain name that uses its associated product or service name may still be considered not unique enough or not distinctive enough. Lastly, intellectual property rights are meant to be obtained through registration with the United States Patent and Trademark Office or the United States Copyright Office. On the other hand, though, a domain name is typically obtained through commercial contracts. With such contracts, one may not get legal ownership over the domain name but, rather, an exclusive right to use it for a disclosed timeframe.
What do I need to do to protect my domain name?
You must understand that there are indirect ways of protecting your domain name under intellectual property law. As one example, you may apply for copyright protection over the content filled throughout your website (i.e., written text, recordings of songs, photographs, videos, graphic designs, webpage design, etc) using your domain name.
Arguably more prevalent, though, is that you may register your domain name as a trademark or service mark to obtain intellectual property rights. For this, you may have to submit your domain name to a trademark registrar. Then, you may have to provide your personal information, along with information on how you purchased your domain name in the first place. Lastly, you may have to provide evidence demonstrating how your domain name is used as a trademark or service mark (i.e., web pages, marketing advertisements, packaging, labels, etc). If successfully obtained, you may be able to file a trademark infringement claim should a third party ever copy your domain name that uses your trademark or service mark.
In conclusion, if you believe you need a nudge in the right direction, you should feel comfortable turning to a skilled Essex County, New Jersey intellectual property lawyer for aid. With that being said, do not hesitate to contact the Ingber Law Firm.
