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Copyright/Trademark for domain name.

Discussion in 'Legal Issues' started by Joshie, May 7, 2014.

  1. #1
    When registering a domain do you automatically get some sort of law rights to it such as copyright or trademark considering that it's registered under your name when buying the domain?

    Now I am wondering how to go about to have it "trademark" or "copyright" of the domain itself and the name of its domain without the www and TLDs (.com, .net, etc)? I have all TLDs for the domain that I paid several years ago and would like to stamp it "mine, not yours" kind of thing or have a right that no one can own the name of my domain on anywhere? Like user names, or add something in its domain name for example my domain is domain.com and anyone is not allowed to use the name like mydomain.com because where I own domain.com?
    SEMrush
    Hopefully I automatically have some kind of lawful rights after registering the domain and if there's further process to make it where not anyone is allowed to use the name of domain anywhere on the internet that I am hoping there's a free or cheap way to make it "lawful mine".

    Hopefully this is understandable because I am trying to not be blabbing as I am trying to figure how to go about getting copyright/trademark/etc to a point that no one can use it and beside this domain that I have use for several years is also the name I use for others such as private business.

    Thanks!
     
    Joshie, May 7, 2014 IP
    SEMrush
  2. sweetpea69

    sweetpea69 Active Member

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    #2
    Trademarks are one of those things that are really enforced by the owner and certainly not something registrar's spend the resources protecting. After all, just about every domain could be construed as infringing on a trademark, if it's spun the right way. What's keeping me from registering AppleIphoneIpadIWhatever.com?...nothing.

    Honestly, I would stop worrying about trademarking a domain/brand, before it's even a brand. What makes you think someone would even register "mydomain.com"? So that's the cheap alternative, don't worry about it. If you build a full fledged business with that domain, and have the resources to protect it, than you won't be asking what the cheap alternative is.
     
    sweetpea69, May 7, 2014 IP
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  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    Sorry, no.
     
    Dave Zan, May 7, 2014 IP
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  4. The Piper

    The Piper Active Member

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    #4
    Like Dave Zan said, no, not at all.

    Legally, copyright is completely different from trademarks and from domain names. Even the latter two are very different from one another. However, theoretically there's the possibility of legal action regarding a domain name based on a previously registered trademark (as long as it's a well-known or notorious trademark) - but NOT the other way around. So no luck.

    Copyright has really nothing to do with with it. For starters, copyright law does not protect words or very short sentences, such as a domain name, only complex works (such as an article, a book, a film, a song, etc).

    The cheapest and guaranteed way to make a domain name "lawfully yours" is to register it under your name as long as it's still available for registration. So in order to protect variations of domain.com, such as mydomain.com, mydomain.org, allmydomain.com and icantgetnomydomain.com, for instance, you'd have to register all those variations (and pay the costs for those registrations, of course), unless you have a very famous registered trademark under your name - but even then, you'd have to pursue your legal rights against any party who has registered similar domain names, and that is very costly and not guaranteed. Which is why even famous trademark owners end up settling out of courts in cases similar to what you describe.

    LEGAL DISCLAIMER: This should NOT be considered legal advice and cannot substitute the advice of a licensed professional. There is absolutely no assurance that any statement contained here touching on legal matters is true, correct or precise. I cannot take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented here.
     
    Last edited: May 9, 2014
    The Piper, May 9, 2014 IP
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  5. goodstudy

    goodstudy Banned

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    #5
    Like Crossfit for example, they highlights that trademark owners can bring an action to transfer multiple infringing domain names from a single cybersquatter under the Uniform Domain-Name Dispute Resolution Policy (commonly referred to as “UDRP”). So you can say many other “domain”-derivative .com domain names referring to cyber squatting when in doubt you may not, it all depends if you pursue damages in court for trademark infringement.
     
    goodstudy, May 10, 2014 IP
  6. Joshie

    Joshie Notable Member

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    #6
    Hmm, alright. Thank all of you very much for the responses! One of the main reason why I was wondering if there is a possible is because I would like to have user names for all of websites that has same name as my domain name. I found out that on Instagram someone else is using the exact name as my domain name and I contacted instagram asking it to be removed and transferred to me but they said that anyone can uses the user names of someone else domains legally on Instagram which I think is wrong and told me if I want that user name that I was recommended to ask the user who uses my domain name as a user name kindly for either deactivating the account or changing its user name so I can have it registered to me.

    So ever since that happens, I feel that I want or would like to have my domain name to be more protected from anyone infringing the name itself on anywhere that doesn't belongs to me because a lot of people knows me by my domain name as I have user names on almost every websites there is except instagram and I am afraid that the people would follow the wrong person when it's intended to be following me somewhere on the internet. Then someone who uses the user name that's exact of my domain on the internet says something that could upset some of the people, like saying something that they don't like then they get upset at me or point their finger at me when it's someone else using the exact user name of my domain. Hope what I am saying is understandable. :p
     
    Joshie, May 10, 2014 IP
  7. browntwn

    browntwn Illustrious Member

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    #7
    Get over it and welcome to the Internet.

    p.s. If it is that important to you, then add the word "official" to the Instagram name and use that resulting name. Problem solved.
     
    browntwn, May 10, 2014 IP
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  8. Joshie

    Joshie Notable Member

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    #8
    Visitors comes first before webmaster. :p Wouldn't want to misled them to the wrong person.

    But good suggestion, thank you for the response. ;)
     
    Joshie, May 10, 2014 IP
  9. jrbiz

    jrbiz Illustrious Member

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    #9
    Note that, in my experience as a businessman (not a lawyer), a copyright, trademark, patent, or any other such "protection" is only as good as your wallet is deep. Beyond that, if the infringer has a bigger wallet than you, your wallet will not likely be enough.

    Case in point was the engineer who developed interval wipers for car windshields. He got a patent on it. All of the automakers stole the idea from him and produced many millions of cars over many decades while the poor engineer was tied up in the courts. The cases were dragged out by the automakers' teams of lawyers for 30-40 years, if I recall correctly. Ultimately, the engineer won his case but I believe that he was in his 80's at that point and died shortly thereafter. Did he win or lose?
     
    jrbiz, May 14, 2014 IP