Trademark Infringement - Is It An issue For Domain Names?

Trademark Infringement - Is It An issue For Domain Names?

Category

Domain Names

Over the years the business community has been full of stories about innocent webmasters being sued for domains which bear a slight resemblance to a major corporation, with many of these actions seemingly over the top for the money involved. However, there does seem to be a vast difference of opinion as to whether similar or trademarked names in domain names will ever be pursued through the courts. But is it safe to buy a domain which contains any element of a trademark name?

The problem for the original trademark owners seems to be the fact that if they were to chase every single domain which they deemed “unlawful”, they would be chasing webmsters all day and every day. However, there are some companies such as eBay, who are very proactive in closing down sites using their name in the URL, firing off legal emails at a seconds notice. Alternatively there are some corporations, such as TV companies who may actually view sites with TV a program name in the title as “free publicity”. So how can they differ so much?

In reality it all comes down to how much money the webmaster may potentially make from a website with a trademark name in the title. If the underlying corporation were to see too much interest in a site, or massive income flows, there is every chance they would step in.

If however it was to be viewed as a promotional tool, from which the underlying trademark holder would actually benefit there is every chance that they may not pursue the owner. There is no hard and fast rule, and no real basis on which to value a domain name / site which could potentially land you in trouble. As they say in the trade, “He who dares….wins”.

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