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Trademark Law vs. Domain Names (URLs) (Part B)

Registration of a Domain Name May Constitute Trademark Infringement

If you register a domain name that is confusingly similar to a federally registered trademark, this could be a case of trademark infringement
. For instance, if you somehow managed to register the name Oreo.com, you may be guilty of infringing upon the trademark of the Oreo cookie brand. In such a case, the company that owns the Oreo trademark may claim trademark infringement.

For this reason, Network Solutions, Inc (NSI), a leading web-hosting company and domain name registrar, has developed a policy that if a company complains about a domain name registration that is confusingly similar to their trademark, then NSI may consequently put that domain name on hold. While this is not an industry-wide standard, many domain name registrars will take the same protective measures.

Protecting Your Trademark Rights

Once you have federally registered your trademark with the USPTO, no one else can use your mark in connection with their goods and/or services.
If someone does put your federally registered trademark to use, even in the registration of a domain name, you may be able to stop them from infringing upon your trademark. If a letter to cease and desist does not put a stop to the trademark infringement, you may choose to file a trademark infringement lawsuit.

In a trademark infringement lawsuit, your New York trademark lawyer can represent your legal interests. In a lawsuit, you may stop the trademark infringement from continuing, and be compensated for your damages.

Contacting a New York Trademark Lawyer

If you are an entrepreneur who is interested in franchising your business there is a lot you need to know, including the significance of evaluating your trademark and how to approach the preparation of your FDD. For a limited time, get New York trademark lawyer 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 franchise their business nationwide.




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