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Necessity Of Trademark In Cyberspace
Any discussion on the need for trademark laws for the internet invariably leads to the requirement of trademarks for domain names. A trademark becomes very important if your customers are going to know you and the products or services that you offer solely by your domain name.
Once you are a trademark owner of a domain name, you can bring charges of infringement upon a firm for using a similar name and thereby confusing the public into thinking that you, the genuine trademark holder, are in some way connected to their web site.
Having a domain name registered should always be preceded by detailed research, in order to avoid any chance of trademark infringement. The search must involve a close look at marks that are quite similar in appearance, pronunciation or even meaning to the name you have chosen for your website. Get your trademark registered only after ensuring that it will not lead to any possible trademark infringement claims.
For achieving this, it is preferable to hire the services of a cyber law practitioner, who can guide you in your online trademark related issues. This will not only help you avoid violation claims but also save you from future conflicts.
You must also remember that the domain name that you are seeking to register should be able to act as an identifier of your products and service and should not be just an online address to draw net users to your website.
Other than domain name violation, there is a new menace of keyword infringement one the web. It basically means violation of trademarks and their unlawful use as keywords through posting of promotional ads on advertising networks like Yahoo and Google, with the motive of puzzling the consumer.
If the promotional ads help in increasing the sale of the trademark owner, it is not a violation but the problem arises when the infringer starts making use of such ads for marketing his own product for a commercial advantage.
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| Print article | This entry was posted by Albert Finn on December 20, 2009 at 3:09 am, and is filed under Uncategorized. Follow any responses to this post through RSS 2.0. You can leave a response or trackback from your own site. |