The Internicola Law Firm, P.C.

Does my trademark give me the rights to the domain name?

If you own the rights to a federally registered trademark, those rights may pertain to an Internet domain name. In 1999, Congress passed the Anticybersquatting Consumer Protection Act, which makes it easier for a trademark owner to take possession of a similar domain name, provided they can show that the domain name was registered in bad faith.

To demonstrate bad faith in a domain name dispute, you can show that the owner of the domain name:

• has violated your rights to a federally registered trademark;
• is violating your trademark rights by using the name in connection with the sale of goods or services;
• has offered to sell you the domain name for financial gain; or
• has previously registered and offered domain names without intending to use them in connection with goods or services.

You can also show that your federally registered trademark is famous and/or distinctive. To file a domain name dispute over your federally registered trademark, you can get the professional help of a New York trademark attorney.

If you own the rights to a trademark in New York, you may be entitled to the Internet trademark rights, extending to any similar domain name. To find out more about your rights to Internet trademarks, speak to an experienced New York trademark attorney.

Contacting a New York Trademark Attorney

If you are an entrepreneur interested in franchising your business, there is much you need to know, including the importance of evaluating your trademark and how to approach the preparation of your FDD. For a limited time, get New York trademark attorney Charles N. Internicola, Esq's franchise law report to determine whether or not your business is right for franchising. Contact us today at 1-800-976-4904 for more information about Mr. Internicola's franchise law services in New York, and how he assists entrepreneurs to franchise their business nationwide.