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.

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 Redirect Services

It's no secret that a short, memorable domain name is what is needed to help visitors to a website. It also helps if the domain name contains keywords that are likely to rank high in search engines. So, what does a webmaster do if they are promoting an affiliate program or a website created from a free web hosting service such as Geocities? The most affordable answer lies in taking advantage of a domain name redirect service.

What is a domain name redirect service? It is one in which a long, cumbersome URL is 'masked' by a more memorable domain name. Instead of having to type in the longer URL, the website visitor would type in the new domain name. This domain name would then redirect to the original URL. The visitor would then see the original URL in their browser. However, most won't pay that much attention.

Domain name redirect services can be free or paid. An example of a free service is Tiny URL. In order to use this service, all a person has to do is enter in whatever URL they need to have shortened. Tiny URL would then return a domain name that is much more convenient for website visitors. This URL would have 'tiny url' as part of the domain name followed by a number. An example is the following: tinyurl.com/3. Granted, it's not perfect, but it is a lot better than what one would typically get with an affiliate program or a free web hosting service.

If a person wants a more customized domain name, they will need to use pay for a redirect service. One of the best is Namestick. The process for using Namestick is similar to Tiny URL except webmasters must first choose the domain name they want to use for their redirect. They can choose any domain name they wish, just like if they were getting it through their web host or a domain name company. Namestick even provides suggestions if a person's desired domain name is taken. Once that is done, a person will have to enter in their URL they want redirected. After about 72 hours, the new domain name will be ready for use.

Can a person get away with not using a domain name redirect service? It depends on how they do their marketing. For instance, if a person does a lot of offline marketing, a short, meaningful domain name is essential. However, if a person uses a lot of hyperlinks, a domain name redirect service may not be as important. What are hyperlinks? They are simply words or phrases that are linked to a particular URL. When the visitor clicks on them, they are taken to the website that is hyperlinked within. Hyperlinks can easily be created in HTML editors or by use of the anchor tag.

In conclusion, a person's life can be made easier if they decide to hide their long URL with a more normal-looking domain name available through a domain name redirect service. This is if they aren't marketing through hyperlinks, which do not require an official domain name.

Domain Names 101

Without a domain name, websites are specified by an IP address. What is an IP address? It is an identifier that is used by computers or humans to determine the location of a server or website. However, for humans, an IP address, (which is expressed in a numerical format), can be difficult to remember. This is why domain names were invented. With a domain name, a human can locate a website through more user-friendly words or phrases. And although numbers can be a part of a domain name, they usually do not make up all of it, like what is seen with an IP address.

In terms of format, domain names have several parts. The first part is known as the URL, (which stands for Uniform Resource Locator). The URL tells the browser what the domain name is going to point to. This will usually be 'http', which means the browser can expect to locate a hypertext document. In layman's terms this means webpage. In the rare cases the URL is not 'http' it may be 'ftp', which means file transfer protocol. A webmaster would opt to use ftp if they would like visitors to download files from their server.

The second part of the domain name will be "www," which stands for "World Wide Web." This phrase lets computers and humans know the site the domain name is pointing to is indeed from the Internet. It is followed by the actual domain name, which can be a combination of letters, numbers or phrases. A good domain name will be short, memorable and most importantly, search-engine friendly. In fact, good webmasters tend to concentrate more on a domain name's effectiveness with SEO, (or Search Engine Optimization), than they do its creativity. To do this they make sure to choose a domain name that has a widely searched keyword.

The final portion of the domain name has what is known as an extension. This lets a person know a little bit more about a website's origins. For example, take .com, the most common domain name extension. It stands for 'commercial', and was originally intended for organizations in that vein. However, now the extension is used by virtually anyone looking to create a website. And this is for good reason, since most web surfers will think about the .com before they would think about .org, .biz or .net. Yet, don't think the other extensions can't become memorable either. Consider Wikipedia.org which is a wildly popular website despite its .org extension.

Domain name extensions can also specify things on a geographical level. An example are country-based extensions such as .fr, (which stands for France), or .jp, (which stands for Japan). They can also be state-based, such as .ca, (which stands for California). Both can serve as excellent tools for localized Internet marketing.

To get a domain name, a person can either: 1) get one from their web hosting company, provided they offer that service or 2) get one from a separate domain name company. Price-wise things will vary with both options, though typically the cost will range from $6.50 to $35.

Third Level Domain Name

A domain name consists of three levels. The first level is the word or phrase that makes up the initial domain name. The second part of the domain name is the extension. Examples of common extensions include .com, .net or .org. The third portion of the domain name, called a third level domain name is an optional part. Like the first level domain name, it consists of a word or phrase to describe whatever webpage it is pointing to. However, unlike the first level domain name, a third level domain name cannot access a webpage by itself; it must contain the first level domain as well as the extension in its syntax.

Third level domain names are often used by free web hosting companies to help create distinction among the websites of their customers. If third level domain names weren't used, customers would have not be able to access their website in a user-friendly way. Some third level domains may have the first level domain word or phrase first. An example is Geocities, where a person would have to include 'Geocities.com' before the third level domain name. Other third level domain names may have the first level domain name last. This is the case with Netfirms, where 'Netfirms.com' comes after the third level domain word or phrase.

For customers third level domains come at no extra cost. This is in contrast to getting a regular domain name which can range from $6.50 to $35 per year. Additionally, it may take time before the domain name is active. This can be up to 7 days, especially if one is transferring a domain name. Conversely, third level domain names can be setup instantaneously.

However, third level domains are far from perfect. Since they require the first level domain name as part of their syntax, they can be quite cumbersome for a website visitor to remember. A person can pretty much forget about getting traffic if they promote a third level domain name in various forms of offline media, such as in circulars or on business cards. In these situations it definitely behooves a webmaster to go on invest in a first level domain name of their own.

So, does this mean third level domain names aren't worth anything to webmasters? Well, if a webmaster uses hyperlink marketing, they can still find value in a third level domain name. What is hyperlink marketing? It is simply when a word or phrase is linked to a URL rather than the URL itself. It is commonly used in emails, viral e-books and on websites themselves. A potential visitor never even sees the third level domain name, since it is masked by a hyperlinked word or phrase. And hopefully, they will like the site so much they will bookmark it, rather than trying to remember the full URL.

In conclusion, third level domain names offer affordability to both web hosting companies and their customers. They also offer convenience since there's no waiting time associated with their setup. However, if they are used it's best that they are hidden in hyperlinks, since most website visitors would prefer to type in first level domain names.