Significance Of Trademark In Cyberspace
June 29th, 2010
In this period of widespread internet use, trademark laws acquire particular significance in cyberspace, especially in terms of trademarks for domain names. A trademark becomes very important if the consumers are going to recognize you and the goods or services that you provide solely by your domain name.
A domain name that is protected by trademark not only helps you to prosecute persons infringing your mark and using it as their own but also protects you from being perceived as the patron of their website that might be using an exact or deceptively similar domain name as yours.
Having a domain name registered must always be preceded by detailed research, in order to prevent any chance of trademark infringement. The search must include a detailed study of marks that are very similar in appearance, sound or even meaning to the name you have selected for your website. You must apply for registration only after you are certain that your mark is distinct enough to avoid any infringement claims.
To achieve this, it is always sensible to hire the services of an attorney, particularly a cyber law expert who has thorough knowledge of all the details of the trademark laws. This will not only help you avoid infringement claims but also save you from future conflicts.
It is essential to note in this regard that a domain name can be registered as a trademark only if it serves as a quick identifier of the products or services of your firm, and not just as an online address that draws internet users to your site.
Besides domain names and their possible violation, infringement of keywords is a new menace in cyberspace, wherein original trademarks are lifted and used as keywords in ads posted through Yahoo, Google, and MSN, with the deliberate intention of creating a misunderstanding and confusing among the customers.
Using such a keyword is not tantamount to a violation if the online ads result in boosting sales of the products or services behind the genuine trademark, but it is an infringement if the promoter starts using it as a weapon for competing against the trademark owner.
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