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Domain Name Trademarks
As your Internet business grows, the value of your domain name increases. The issue of a domain name trademark should move to the top of your list. You need to guard against unscrupulous competitors that may try to incorporate your domain name in their meta tags to obtain search engine rankings under your name. If you have a domain name trademark, you can go after these individuals and compel the search engines to remove their listings. What Is A Trademark? A trademark is a distinctive item that is used to identify a logo, product, device, package or service. The trademark identifies the item as being provided by a particular firm. To protect these items you can obtain a mark from the patent and trademark office that prohibits others from trying to gain economic advantage from your mark. Domain Name The patent and trademark office views domain names in a unique way. The office views the "http://www" element as a part of the file transfer process, not your domain name. The ".com", ".net", etc., designations are considered top-level domain identifiers and are also disregarded for the purpose of a domain name trademark. For example, our domain name is http://www.sandiegobusinesslawfirm.com. If we submitted the domain name for registration, only the "sandiegobusinesslawfirm" portion would be considered for a mark. Locators Cannot Be Registered A domain name is a locator for file pages. When you type in your domain name, a server locates and displays files. If a domain is used solely for this purpose, it will not be granted a mark. Instead, the domain name must be incorporated into the site. For instance, Amazon is recognized as an online bookstore and the site actually has the word "Amazon" on every page. Since "Amazon.com" is more than a locator, Amazon can apply for and receive a trademark. If Amazon used the domain name, bookstore.com, the company would be able to register "Amazon", but not "bookstore." Generic and Descriptive Terms Domain names that are generic or descriptive in nature cannot be registered because they fail to designate a distinctive product or service. For example, "sandiegobusinesslawfirm" is comprised of generic terms and describes who and where we are, to wit, a San Diego business law firm. This domain name cannot be trademarked. The same result would occur with bank.com, book.com, advice.com, etc. You may be thinking, "What about 'Coke?' "Coke" is a trademarked term because it is a distinctive term for a soft drink product. It just so happens that a brilliant marketing plan has convinced most people to refer to soft drinks as "cokes", even if they actually prefer another brand! Trademarks are an important factor in protecting your Internet business. Armed with a trademark, you can keep competitors from pulling traffic off the search engines when people search for your site. Richard Chapo is with http://www.sandiegobusinesslawfirm.com - a law firm providing legal advice to California businesses. This article is for general education purposes and does not address every facet of the subject matter. Nothing in this article creates an attorney-client relationship.
Latest News:Site: Yahoo! News Search Results for news Jeff Ritter: Beware the Tampa QB, more fantasy news, views (Sports Illustrated) We're cruising full speed ahead into Week 2 of the NFL season. It's been a wild week of news, from Tom Brady's ligaments, to Vince Young's grumpiness. There have also been a few new stories that could affect your fantasy lineup this Sunday, such as ... Futures flat; Lehman buyout news, data awaited (Reuters via Yahoo! News) Stock index futures were little changed on Friday as investors awaited news on the fate of Lehman Brothers after a slide in its stock this week heightened fears over whether the investment bank can survive. Myanmar's Suu Kyi to get family letters, news mags (Reuters via Yahoo! News) Detained Myanmar opposition leader Aung San Suu Kyi has managed to wring small concessions from the ruling generals in the form of letters from her family and some international news magazines, her lawyer said on Friday. SEC Looks Into UAL Stock Scare; Implications For Online News? (CBS News) A ton of digits have been devoted to this in other spots but the SEC's decision to investigate takes it to another level. The backstory: a six-year-old news story about UAL declaring bankruptcy made it into the Tribune-owned Sun-Sentinel 's current news flow, was picked up by a Google (NSDQ: GOOG) News bot and, via a reporter for a newsletter, made it onto Bloomberg News. After a lot of buck ... JCDecaux in talks for News Outdoor Group in Russia (AP via Yahoo! News) French outdoor advertising firm JCDecaux SA said Thursday it is negotiating to buy Russian rival News Outdoor Group from global media company News Corp. JCDecaux and News Corp. in talks to combine outdoor ad groups (International Herald Tribune) The News Corp. chief executive, Rupert Murdoch, has recently expressed nervousness about investments in Russia, where News Outdoor generated the bulk of its revenue last year. Help News pick Stadium's greatest moment (New York Daily News) The News is marking the countdown to the final game at The House That Ruth Built by reflecting on Yankee Stadium's greatest moments - and we're asking you - the reader - to help us pick out the best of the best. Get Indexed and Ranked in Google News (Search Engine Journal) Google News can bring tons of traffic and boost your site performance. If you own news site and consider it ?newsworthy?, getting included in Google news is one of the first thing you should do: Make sure your site meets all requirements to be included: Shimon Sandler did a great job listing the factors that will help [...] News Corp tightens grip on Premiere with new CEO (Reuters via Yahoo! News) Rupert Murdoch tightened his grip on German pay-TV broadcaster Premiere by appointing News Corp executive Mark Williams as CEO in a move to get the company back on track. SEC Looks Into UAL Stock Scare; Implications For Online News? (paidContent.org via Yahoo! Finance) A ton of digits have been devoted to this in other spots but the SEC's decision to investigate takes it to another level. The backstory: a six-year-old news story about UAL declaring bankruptcy made it into the Tribune-owned Sun-Sentinel's current news flow, was picked up by a Google News bot and, via a reporter for a newsletter, made it onto Bloomberg News. Site: news - Google News Gas Supplies To Poland Stable, No New Caps Planned - Operator - CNNMoney.com
MORE RESOURCES: Site: Yahoo! News Search Results for domain names "Brews.com," other domain names up for auction through Sedo (Boston Business Journal) Sedo, an online marketplace for buying and selling domain names, has announced a list of domain names that will be up for sale in an upcoming auction. Fake Antispyware Purveyor Doubles as Domain Registrar (Washington Post) A cyber gang known for aggressively spreading fake anti-spyware programs through hijacked and malicious Web sites has become an authorized reseller of domain names. Security Fix has learned that this gang is using its access as a registrar to ease the process of creating new Web sites used to push their invasive software. Klikdomains.com, also known as Vivids Media GMBH, sells Web site names in ... Aggressive Fake Antispyware Seller an Authorized Domain Registrar (CircleID) A group known for aggressive distribution of bogus anti-spyware programs through hijacked and malicious websites is found to be also an authorized reseller of domain names. Vietnamese domain name unmarketable (Vietnam Net) Bridge ? Just 3,800 domain names have been registered in Vietnamese since they were first issued 18 months ago. Most site owners said they registered their domains in Vietnamese to not miss advertising opportunities on search engines like Google or Yahoo. Presented By: BuyDomains.com, get the domain name you want! (Tom's Hardware) Choose the premium domain name for your business from the world?s largest inventory and marketplace for domain names - BuyDomains.com. We?ve helped thousands of businesses get the name they want. Call 866-830-6476 and let our Domain Consultants help you! www.buydomains.com Ads by Pheedo Premium Domain Names Including Love.Me and MovieRentals.com to Be Part of Live, Open Domain Name Auction (PRWeb via Yahoo! News) Buying descriptive and easy to remember domains offers businesses a faster way to generate traffic and build brand awareness Domain Strategies Launches Slideshow.com - From Parked Domain to Thriving Business in 45 Days (PRWeb) Domain Strategies and Gil Benatar (domain owner) partnered to develop a parked domain into a full functioning site that is poised to grow in the secured presentation and image display market. Domain owners looking for a way to derive the full value of a domain name have turned to domain development companies like Domain Strategies to realize the dream. (PRWeb Sep 12, 2008) Read the full story ... September Hosting And Domain Promos (Web Host Industry Review) September 11, 2008 -- ( Sedo, the leading online marketplace for buying and selling domain names, today announced premium domains for its September GreatDomains Auction. 29 names crowd Rosemount ballot (Minneapolis-St. Paul Star Tribune) Interest mushroomed after a mass mailing encouraged residents to run, citing an eminent-domain controversy. Site: domain names - Google News Negotiating the Domain Name Thicket - E-Commerce Times
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