Avoiding Trademark Infringement When Choosing a Domain Name

Many webmasters erroneously believe that just because their domain name registrar says a particular domain name is 'available' that it truly is. This is not necessarily so. Even if a domain name is physically available, it may not legally be open for use. Why? It's because there might already be a company that has the rights to the keywords used within the domain name.

If this happens yet the webmaster claims the domain name anyway, they are at risk of losing it through a domain name arbitration proceeding. They could even be charged with trademark/copyright infringement if things get really ugly. For this reason it's best to make sure the keywords used in a domain name aren't protected for someone else. This article will explain how webmasters can make such a determination.

First, webmasters need to check and see if their chosen domain name resembles any existing trademark that is on the books. They will want to do this before actually investing any money in the domain name. To search existing trademarks, webmasters can visit the website of the U.S. Patent and Trademark Office which is USPTO.gov. From here they can search a database that contains current trademarks as well as those that are pending.

If a domain name is similar to a registered or pending trademark, webmasters need to evaluate whether the domain name is still worth taking. Usually, if a site is not selling the same types of merchandise or services that the other business is selling and the trademark is not popular, a webmaster probably won't get into legal trouble if they decide to go on and register the domain name. To be completely sure, webmasters can run the domain name by a trademark attorney. It shouldn't cost too much for an hour consultation.

Of course, if a webmaster would prefer zero percent risk, they can simply try to think of another domain name. When they go about doing this, they need to be more generic and less creative in what they come up with. Using search engine keywords for a domain name is one such strategy. Webmasters can also look into using dictionary terms. If all else fails they can take a generic term and combine it with a term that is less likely to be taken, such as their first and last name.

Either way, once a suitable domain name has been chosen, webmasters should consider getting it trademarked themselves, especially if they are using it to help brand their business. With an official trademark, a webmaster has more legal power should another company try to take them to court. And since there's no shortage of domain name bullies, (companies that try to steal profitable domain names from smaller enterprises), a webmaster should use all legal avenues available to protect the rights of their business.

In conclusion, by checking whether or not a domain name has keywords that are part of a trademark, webmasters lessen the risk that they will have legal problems in the future. If there are problems, and a domain name arbitration proceeding does not rule in a webmaster's favor, they can turn to The Domain Name Rights Coalition.

Bulk Domain Name Registration

Most Internet marketing gurus know the importance of using a domain name. However, only the experts use bulk domain names when marketing their website. How do things work if one is using bulk domain names? Basically, with the bulk domain name tactic, dozens maybe even hundreds of domain names point to one site. The practice is completely legal, (since ICANN places no limitations on how many domain names a person can register), and could even boost search engine listings. This is because search engine bots have more URLs they can find that relate to a particular website.

So, how can a person get started with bulk domain name registration? Well, if they have money, it's best if they go to a bulk domain name company. These are better than traditional domain name companies, because they are specially designed to help webmaster better manage their bulk domain name campaigns. With a bulk domain name company, webmasters can manage up to 10,000 domain names in just one account. This includes placing them in related groups, alphabetizing them or viewing which ones are going to expire first. An example of an excellent service offering these features is DomainNext.com.

If a person doesn't have money, they will need to consider other means of bulk domain name registration. For example, they could try to get maybe 100 or so domain names from domain name registrars charging just a dollar. This would mean the initial fees would be $100, which is an affordable amount for most people. They could also consider getting a series of free domain names. However, they must be aware that many free domain name providers will places ads on a site as well as contain an extension that is not traditional.

There may also be a limit to how many free domain names a person can register. Either way, webmasters may want to consider pointing free domain names to a second site that relates to whatever they are promoting. They can advertise the domain name to their main site. With this method they can take advantage of free bulk domain names without having to worry about bombarding their original site with advertisements.

It should be noted that if a person does not get free bulk domain names, they will have to pay renewal fees once their domain names expire. If a person got a number of bulk domain names they can handle, this may not be an issue. However, if it is, they can consider selling their domain names on domain name auction sites. They will lose the marketing advantage, but at least they will get an opportunity to save money.

In conclusion, bulk domain name registration can be a way for webmasters to help corner the Internet market. They can go about registering several paid domains and/or free domains. Regardless, they should also make sure that their site contains other elements that make for good Internet marketing. This includes being keyword-optimized and containing several inbound links. Without doing these things, bulk domain name registration in and of itself will only bring limited results.

Cheap Domain Names

In order for people to access a website, they must first enter in its associated domain name. This is a word or phrase that denotes the name of the site and/or summarizes what it is about. Even free web hosting companies offer domain names, but there's an essential difference. With free web hosting companies, the domain names offered are in the form of third level domain names.

This means their domain name must be included when a person is trying to access the third level domain. The only problem with this is that it makes a domain name long and hard to remember. For this reason it's best if a person considers just buying their own domain name. And with the availability of cheap domain names, it is possible to get one that is very affordable.

Cheap domain names can range from being completely free to around $6.95. Usually free domain names that are worth anything are included with a web hosting package. So, a customer is technically still paying a fee. The other types of domain names that require a fee can be purchased separately without a web hosting package. The prices for these start at $1.00 and go up from there.

When a person purchases a cheap domain name, the overall registration process is the same as it would be for regularly-priced domains. This means that first they would have to see if their domain name is available. To do this they must enter in their desired domain name in a special text box, then select the extension they want. If the domain name is available, they are free to purchase it. If it is not available, they will have to choose another domain name. Cheap domain name companies will offer suggestions on alternative domain names when this scenario occurs.

Are there any downsides to using cheap domain names? Unfortunately, yes. If a cheap domain name company is unscrupulous, a person may never receive a domain name at all. What happens is the company tells the customer to wait a few days for the domain name to become active. However, at the end of the timeframe, the domain name still doesn't work. And since the company is unscrupulous anyway, emailing customer service won't do anything.

How can a person ensure they don't encounter a fraudulent cheap domain name company? First and foremost they need to check to see if it is registered with the Better Business Bureau. This is an organization that ensures businesses are operating in a legitimate manner. Secondly, they need to see if the company has normal contact information, such as an address and a telephone number. Thirdly, they should see if the company has a bad reputation on message board dedicated to webmasters. Of course, one may not always get an opinion on a particular company but if they do they will know to stay clear of it.

Yet, if a cheap domain name company is legitimate, there is no other disadvantage to getting a discounted domain name. They work just like regularly priced domain names, so if a person has one available to them they definitely need to take advantage of it.

Choosing the Right Domain Name

Domain names are to websites as book covers are to novels. If they are not interesting enough, or don't properly convey what a website is about, visitor will have no desire to enter them in their browsers. Yet, excessive creativity doesn't make for a good domain name either. Why is this so? It's because if a domain name is creative but not keyword-rich, search engine bots won't be able to index it in search engine listings. So, ultimately, your domain name must be both catchy yet search engine optimized. This article will explain how you can achieve both objectives.

First and foremost you will need to find a popular search engine keyword that can be incorporated into your domain name. A keyword analyzer can help you in this task. These can be found pretty easily with a basic search engine query. When you find one, enter in a keyword that best summarizes the purpose of your website. The keyword analyzer will return different versions of this keyword. If the more specific instances can also fit within the nature of your website, choose one. This is because when it comes to search engine optimization, more specific keywords are better since they are less likely to be used by other webmasters.

Now you can start selecting your actual domain name. Most domain name companies will allow you to see whether or not your domain name is available. If it is not available, it will return a list of recommended domain names. Take advantage of this tool by first entering your selected keyword. If your keyword as a domain name is not available, consider the suggestions the domain name company gives. If the main keyword is still included in these suggestions and it ends with .com, consider it. Otherwise, you will have to be more creative.

For example, you can use 'filler' words, numbers or phrases within your domain name to still include your selected keyword. Fillers could be 'a,' 'an' or 'the.' Search engines tend to not look at these words, so you still have a good shot at getting indexed while having a domain name that is memorable and catchy. You can also consider fillers at the end of a phrase, such as '101'.

What if you do these things and you still can't get .com? Well, there are some situations where it is better to stick with a lesser-used extension because the keyword is just that popular. Extensions that still get noticed include .net, .biz and .org. Additionally, you can also consider using country or state-based extensions if you don't mind international or local-based marketing. It's better to be number 1 in France's version of Google than to be number 200 or worse in America's version of Google.

In conclusion, choosing a domain name that will get the right buzz from both humans and search engines doesn't have to be hard. The keyword analyzer will help you with 90% of your domain name, while your wit with fillers can help you the other 10%. And, if after an immense amount of pondering, you still can't get the .com, you can opt for other extensions.

Cybersquatting and Your Domain Name

When it comes to domain names, don't think that you only need to worry about the ones that you registered. This is because with the phenomenon of cybersquatting, domain names that are similar to your company's trademark could be registered to unscrupulous webmasters, intending to use them in bad faith. What happens is once the cybersquatter has gotten sales or Adsense clicks from their domain name, they will try to sell it to the original entity holding the trademark. When things get to this point, the price is significantly higher, sometimes even thousands of dollars. This is despite the fact that the individual or organization buying the domain name originally had the rights to it in the first place.

So, how does a company protect themselves from cybersquatting? Well, first they need to be aware of whether or not domain names related to their trademark are being registered and used in bad faith. The best way to do this is to sign up for Google Alerts. This is a service that allows individuals or organizations to track any websites, comments, articles, etc. that are being made about their website or brand.

If they receive an alert that shows a domain name that is similar to their trademark, they could be dealing with a potential cybersquatter. The keyword of course is 'potential.' The person may not have any intention on selling the domain name back, though they are still using it in an illegal manner.

Either way, website owners can exercise their right to an arbitration proceeding if they found their trademark has been used in bad faith. The type of arbitration proceeding that is the most common for domain name disputes is called Uniform Domain Name Dispute Resolution Policy. This process can allow disputes to be settled out of court through an ICANN-approved UDRP provider. The decisions made through the UDRP panel are legally binding, though they can be challenged in a traditional courtroom if either party thinks things are unfair.

Another way companies can avoid cybersquatting is by trying as best they can to register any domain names relating to their trademark. This would include obvious derivatives where their whole trademark is included, as well as more creative derivatives where only a part of the trademark is used. If a company finds they are having difficulties coming up with different domain name combinations on their own, they can use a domain name generator. They should use both automated domain name generators as well as those in which a human comes up with the different combinations. In either case they need to think of combinations for all types of extensions, even free ones such as .tk or .co.nr.

In conclusion, no one should have to succumb to a cybersquatter. Too much money and work goes into building a brand to have to spend thousands to a shady webmaster. Instead, website owners should be aware of how their trademark is being used. If there is a problem they can consider a UDRP proceeding. In the meantime they need to try to get as many domain names containing their trademark as possible, so cybersquatters won't have an opportunity to do their dirty work.

Domain Name Arbitration

After several minutes of pondering and looking at keyword analyzers, you find the perfect domain name for your new website. You see if it is available through your desired domain name company. When you find that it is, you get excited because it seems that it is going to be quite profitable for your site. So, you sign up for it, thinking that it is up for grabs, since your domain name company has said it is available.

Then after a few months you get correspondence from an attorney saying that your new domain name has violated another company's trademark. You are now stuck with a potential legal battle that could cause you to lose your domain name, your reputation and maybe even worse. Fortunately, with domain name arbitration, there's a chance you can get out of such a situation and avoid any possible legal consequences.

What is domain name arbitration? It is a process in which the complainant and the original holder of the domain name try to work out a reasonable agreement as to who actually has the rights to the domain name in question. The arbitration in itself is done through the Uniform Domain Name Dispute Resolution Policy, (also known as UDRP). This is a special arbitration method set forth by the ICANN (Internet Corporation for Assigned Names and Numbers) organization. It is used for most domain name disputes, because it is cheaper and less time-consuming than 'traditional' litigation.

In order to initiate a domain name arbitration proceeding, a webmaster must go through a provider that has been approved by ICANN to handle such disputes. Once the arbitration begins, the provider will first determine if the complainant has merit in their claim. They will do this by evaluating whether the domain name in question is similar to a trademark or domain name set forth by the claimant.

They will then determine what rights the claimant has to the title along with whether or not the domain was chosen accidentally or with the intention of taking advantage of the claimant's brand popularity. If it is found the domain name was chosen in bad faith, rights to it will be granted to the claimant. Otherwise, the original owner will retain possession of the disputed domain name.

If either party is not satisfied with a domain name arbitration proceeding, they can challenge the findings in a regular courtroom. An example of this happened with Robert De Niro, when he tried to claim the rights to any domain name containing the phrase 'Tribeca.' He is still in court trying to retain the rights to Tribeca.net, which has been claimed by another person.

In conclusion, domain name arbitration is a great alternative to avoiding taking a domain name dispute into a courtroom, at least initially. There is the option to go to court if either side feels an arbitration isn't fair. Yet, for most webmasters, the decisions made by the UDRP panel are good enough for them, since getting their consul is a lot cheaper than going to a judge.

Domain Name Generators

The process of registering a domain name can be quite annoying. Why? It's because many times the domain name a webmaster hopes to register has already been taken. So, they have to ponder again what their domain name should be. But what do they do if that domain name has been taken as well? The best solution involves getting it right the first time with a domain name generator. This is a program or service that suggests domain names that are not likely to have been used by other webmasters. They can work in three ways including: giving random listings, giving listings based on input or using human suggestions.

The first type of domain name generator gives random domain name suggestions. Examples of sites that offer these types of domain name generators include Makewords.com and Domain-Generator.net. The only thing a visitor has to do to see a suggested domain name is click a button or, (in the case of Makewords.com), just visit the site. Depending on the complexity of the domain name generator, visitors will be able to see if the domain name has previously been registered and/or how valuable they would be if they decided to buy them.

The second type of domain name generator offers suggestions based on user input. 123Finder.com is an example. What happens is a user enters a keyword that describes the purpose of their website. The domain name generator will then return domain names that contain this keyword. A variant of this service could require a user to enter in more than one keyword. From this input the domain name generator would return a domain name that contains a mixture of these keywords.

The final type of domain name generator offers suggestions from human creativity. An example of such a service is Pickydomains.com. With this service, (along with others like it), customers have to pay a fee. Part of the fee goes to the person responsible for coming up with the domain name. After the fee is sent, customers must provide information related to their website.

Employees will use this info to choose a domain name. When the process is complete, the customer will receive a list of several domain names, each of which came from a human mind rather than a computer program, (which is used by the other types of domain name generators featured in this article).

Are there any downsides to using a domain name generator? Well, human-based domain name generators usually require a fee, while automated ones might not seem as creative. Other than that domain name generators are an excellent way for webmasters to determine what their domain name should be. Even if they don't use the suggested domain name in its entirety, they can still use these types of services to generate ideas.

From there they can use their own mind to come up with an appropriate domain name. So, at the very least, domain name generators can serve as a tool for domain name brainstorming. They definitely should not be overlooked by any webmaster.