Wednesday, May 18, 2011

Your Domain Name ? It's Your Business' Brand, But Do You Own It ...

Your business? domain name is what separates you from the pack online. It is your Website address, your virtual store?s marquee. Without that recognizable ?www? prefix found before the domain name, you might as well have no Online presence. Keep in mind, however, that domain name disputes are a common occurrence and will only become more so as the world of Internet commerce progressively becomes the principal way people conduct business. Before you invest in the creation of a website and an ecommerce business, it?s smart to consult with an intellectual property lawyer specializing in Web domains.

Assuming that you?ve gone through the appropriate channels to acquire a domain name that is, in actuality, yours, the name becomes your lawful property. Even so, just because you purchase a domain name, it doesn?t necessarily mean that you?ll be able to trademark it and enjoy the protections that are included with that status. The judicious choosing of a domain name is a discussion in itself. For now, suffice it to say that if you use universal words to build your online business? name, you won?t have a leg to stand on should another person or company build a site with a similar name. Your site?s name with its unique word order and/or spellings is yours, but other people may do their best to copy it.

You secure the rights to a website name by utilizing the services of a domain name registration company. There are many out there, so you have choices. You can choose to register the name for up to ten years, with a year being the minimum. During that period, you have the rights to the name and the ability to build a site to use for online business.

Cyber squatters ? sophisticated online thieves, basically ? have a number of tricks up their sleeves. An earlier tactic was to register a trademarked brand as a domain name. Their game was to force the business to have to buy the domain for a substantial price. Another ploy they use is name jacking ? creating a site named after a person or business and capitalizing on it.

The number one rule before setting up an online shop: consult with an intellectual property lawyer versed in Internet law. He or she can run background checks on your proposed domain name, ensuring it isn?t trademarked, that there are no lawsuits hovering above it and that it has not been stolen. This will help you avoid a host of future problems. Should you skip the consultation and go it alone, you could end up registering a domain that infringes upon someone?s trademark. A cease and desist letter followed by the threat of legal action will likely follow, for you can be certain the trademark holder has legal protections in place. It works both ways, though. Having an intellectual property attorney in your corner is helpful should someone try to squat on your domain or attempt to illegally make money from it.

Your domain name is your business? brand, so it?s vital that you actually own it and that it doesn?t infringe upon the ownership rights of another person or organization. Don?t risk losing future business for lack of diligence. Consult with an intellectual property lawyer in advance, and get your virtual house in order now to spare yourself a messy cleanup later.

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Source: http://theboardmagazine.com/2011/05/your-domain-name-its-your-business-brand-but-do-you-own-it/

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