You only need to periodically re-register your domain name to keep it, right? If a nearly identical domain name to yours is siphoning away business can you force a change in the other domain? If your name or your firm name is being used by another in a domain name, can you stop it? Registering a domain name is easy; making sure it doesn't infringe other domains or trade or service marks or that it won't be contested or misused by others can be troublesome.
Because domain names can serve as source designators of goods or services trademark law is often involved. [see Trademarks] A domain can be lost if it is not registered as a trademark with the U.S. Trademark Office and a claim is brought by a valid trademark holder that the unregistered domain infringes on their mark. Assuming it would be possible to register the domain, www.americanairlines.com, for example, the airline company would likely prevail because they've held a valid trademark in the name for many years, and they could successfully claim that a domain like this would likely cause confusion in the minds of consumers.
Trouble can also arise when a domain appears to be little more than a device to draw business from another firm through confusing similarity with the other firm's domain or trademark. For example, the holder of www.holidayinn.com would likely prevail over a hotel operator or tourism firm using domain like www.holidayin.com or www.holiday-in.com. On the other hand, if the owners of holidayin or holiday-in don't have anything to do with the travel industry the holidayinn.com owner might not be able to interfere.
While the law permits use of one's personal name in business, the law doesn't want to preclude all others from use of the same or a similar name as a trademark. Therefore, it may not be possible to stop use of the same personal name in another's domain, for example, www.smithsautos.com and www.smithsautorepair.com. The best solution may be mutual disclaimers or links to the other's site. If a personal name is used as a domain the results trying to protect it can sometimes be mixed. Entertainer Bruce Springsteen recently failed to terminate unauthorized use of his name in the domain address of a fan club. He had failed to trademark his name or, inexplicably, successfully prove to the ruling authority that his name had become sufficiently distinctive to be awarded trademark status and therefore protected from use by others.
To discover whether the names or trademarks of your firm are being used as Internet domain names, go to authorized domain registrar web sites and check. One of the largest registrars, Network Solutions, has a WhoIs database for searching names.
When you want to select a domain name for business, need to register it as a trademark, or if you are having domain troubles, call David. There isn't a charge for initial consultations.
