What if I registered a Web domain that was copyrighted?
2006-12-29 01:54:41 · 6 answers · asked by Bob 5 in Business & Finance ➔ Other - Business & Finance
The short answer to your question is that business names can't be copyrighted. A business may be named after a product whose brand name was trademarked (Xerox, for one). This obviously offers a great deal of protection to the owner of the mark. There is little protection in a name like "Bill's Saw Sharpening Service". If you were in a town a couple hundred miles away you could use the same name with no fear of legal problems. However, if you were in the same town and used the same name the original Bill could come after you on a number of issues.
If you register a domain name using someones trademark you are probably going to have problems. You may be on solid legal ground but it will take a lot of lawyering to prove it.
2006-12-29 02:08:16 · answer #1 · answered by Flyboy 6 · 0⤊ 0⤋
Copyright, at the very least, applies to "designed" works. Trademarks apply to words, phrases, and terms, which is more appropriate for your question.
You'd have to do an exhaustive search if you really want to find out if the term/s within the domain name is also being used as a trademark. Google is one place to check, your federal or local trademark database is another.
2006-12-29 15:02:57 · answer #2 · answered by Dave Zan 3 · 0⤊ 0⤋
determining if marks infringe might want to be complicated and each challenge varies from yet another. the overall guidelines to keep in thoughts are: a million) Are the names similar in Sound, visual attraction or which potential? 2) Are the industries a similar or resembling one yet another? 3) Are the names confusingly resembling the common customer? In different words, might want to purchasers be puzzled and assume that both organizations are affiliated? 4) Do the commerce parts bypass? What about the advertising routes -- are the products/amenities marketed in instantly ahead places? right here is what the USPTO has to assert about this count number: "The imperative factors considered by the examining legal professional in determining even if there's a probability of misunderstanding are: the similarity of the marks; and the advertisement relationship between the products and/or amenities listed contained in the appliance. to locate a conflict, the marks do not might want to be same, and the products and/or amenities do not might want to be a similar. it would want to be sufficient that the marks are similar and the products and/or amenities appropriate." it truly is nice to the contact a private search for organization or a hallmark legal professional that could assist you in determining if it is a topic or not. wish that permits! I wish you a lot fulfillment & happiness in all of your ventures!
2016-12-01 07:20:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Google the internet for the website for copyrighting with the government. It should have some information on it to explain what can be copyrighted and some information on if it has already been copyrighted.
2006-12-29 02:01:40 · answer #4 · answered by New H 1 · 0⤊ 0⤋
You check with your Secretary of State's office when you register.
2006-12-29 02:01:43 · answer #5 · answered by ? 6 · 0⤊ 0⤋
try godaddy.com you can check there
2006-12-29 01:58:27 · answer #6 · answered by Anonymous · 0⤊ 0⤋