Domain Name Trademark Infringement

March 25, 2009
Intellectual Property News and Interesting Facts

There are many people that argue that registering a domain name trademark is an infringement on the legal rights of other businesses who have the right to use names on a first come first serve basis. On the other hand a company must have the right to protect its trademark whether it is on the Internet as domain name or offline.

The problem that exists is that there are elements which park domains. That is, they register domain names not to use, but simply to prevent others from using the names.

This could have serious ramifications for a company that has spent a lot of money on developing brand awareness and cannot develop the same brand awareness because their domain name is parked.

They then have to purchase the domain name at an expensive price. By registering a trademark for a domain name, the company thus gets protection against future infringements where elements may try to cause public confusion.

It is however, the registrant’s responsibility to ensure that trademark infringement doesn’t take place when registering a domain name.

Click here to REGISTER A TRADEMARK

Contact Details for Smit & Van Wyk

Tel:
+27 (0) 12 349 7800

Fax:
+27 (0) 86 619 0493

E-mail:
enquiries@svw.co.za

Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa

Click here to REGISTER A TRADEMARK