Posts Tagged ‘domain dispute’

What is a Trademark Domain Name?

Tuesday, May 8th, 2012

Today, we’re talking about the relationship of a trademark to a domain name. This is a very specialized area of Internet law, Internet attorneys such as the attorneys here at Traverse Legal. We specialize in trademark law. We specialize in domain name law. And those two things go together like bread and butter and here’s why. Under the United States code, there’s an Anti-Cybersquatting and Consumer Protection Act that is embedded within the Lanham Act which is basically an intellectual property statute which protects trademarks in the United States under U.S. law. And the Anti-Cybersquatting and Consumer Protection Act or ACPA gives special status to domain names as trademarks.

So, in the normal trademark world, attorneys who specialize in trademark issues tend to spend a lot of time fighting about whether or not a particular use of a word in a particular context is a trademark use. Or whether or not there’s infringement by some other use of the trademark. In the domain name space, Congress essentially said that we are going to give special treatment to a domain name as a trademark. We are going to treat the domain name as the sign above your door. So, in a brick and mortar world when you’re walking down the street and you go by Dunhams or M.C. Sports or Walmart, there’s the big sign. There’s no question that that store is, in fact, Walmart. What they did with domain names is they said they’re going to treat that domain name as a trademark, as a sign above the door.

 

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