Question: How Are Domain Names Protected?

The technical management of the domain name system is in the hands of the Internet Corporation for Assigned Names and Numbers (“ICANN”).

Ideally, it could also be distinctive enough to be protected under trademark law, because domain names can be protected as trademarks in some countries.

No, for a variety of reasons web addresses (also known as a domain names or URLs) aren’t protected by copyright. Even though copyright doesn’t protect domain names, that doesn’t mean domain names are entirely unprotected. However, it’s worth noting one of the major differences between trademark and copyright law.

Are domain names considered intellectual property?

Domain names are not protected as such by an intellectual property right. However, the name that makes up the domain name may itself be protected by copyright, trademark right, geographical name or consist of a surname, a trade name or a corporate name.

Can someone steal your domain name?

Yes, someone can steal your domain name. All someone needs to do is login to your account where your domain is registered (Godaddy, Google, Bluehost, etc) “unlock” your domain and get EPP Code/Transfer code. With that information they can initiate a domain transfer.

How do you know if a domain is trademarked?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

Should you trademark your domain name?

Many company owners use their company name or other descriptive or distinctive words to create their domain name. In most instances, it is wise to trademark a domain name in order to protect your business from theft of your customers and brand identity.

What is the point of a domain name?

Domain Names. On the Internet, your domain name is your unique identity. Any individual, business or organization planning to have an Internet presence should invest in a domain name. Having your own domain name, website and email addresses will give you and your business a more professional look.

Can you sue for a domain name?

Suing Under the ACPA

The Anticybersquatting Consumer Protection Act (ACPA) authorizes a trademark owner to sue an alleged cybersquatter in federal court and obtain a court order transferring the domain name back to the trademark owner. the domain name is identical or confusingly similar to the trademark, and.

Can a domain name infringe a trademark?

Domain name trademark infringement occurs when a person or business uses a domain name that is protected by a trademark, thereby infringing upon another’s trademark protection.

How long does trademark last?

10 years

How long does a trademark take?

Publication in an official newspaper is required to complete the trademark application. This step can take up to three months. Finally, the USPTO issues the certificate of registration to complete the trademark process. Usually, this step takes 2-3 months to complete.

Do trademarks expire?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce. Just using the mark, however, is not enough.