Conflict Between a Trademark & a Domain Name

It is necessary to obtain a domain name to establish a website address. A domain name is a unique name not used by any other website. It is possible for one person to own the domain name and for someone else to own the trademark to the name. In these cases, conflict may arise.

Domain Names

A domain name is a unique name. A domain name is comprised of the unique name, followed by a suffix, such as ".com" or ".org." To own a domain name it is necessary to register it. Ownership of a domain name will not prohibit another person from using it as a business name or as a name for a product.

Trademark Protection

A domain may also qualify for trademark protection. A trademark is a name, symbol, logo or design used to identify a product from other similar products. A domain name may also qualify for trademark protection if it is distinctive and the domain name owner was the first to use it in association with goods or services.

Conflicts

In some situations, a trademark owner may prohibit an owner of a domain name from using it. If one person owns a trademark and another person owns the domain name, the trademark owner may prohibit its use if both parties are engaged in a similar business and the similarity could confuse consumers or if the domain name dilutes a famous trademark.

References

• Nolo: Choose and Register a Trademark
• Nolo: "What happens if there is a conflict between and Internet domain name and an existing trademark?"
• Nolo: "When does an Internet domain name qualify as a trademark?"