As a general rule, names cannot be copyrighted, however, they can be used and/or registered as trademarks.
So far as domain names are concerned, you are free to register any available names that you want, however, if you attempt to misrepresent a website as being official, authorised or affiliated, etc. then you'll be in trouble.
Similarly, if you register in "bad faith" (e.g. with the intention of selling to the owner of a similar domain name or trademark) you'll be in trouble.
Finally, if you register a domain name that someone else uses as a trademark or if you register a domain name that is someone else's official company name, you could be in trouble. However, in these cases, it would depend on a multitude of factors and you would need a lawyer who is expert in such matters - such advice cannot be given here.
Thanks for reply ,can i know will it applies to India ? i am from India and .com domain owner is from india and i have registered .in and .co.in domain because of popularity of .com domain thought i may receive offer form .com owner? anything wrong in this ? if yes what shall i do now? i am not running any-website,i have just parked
hmanjunath: Read this again:
|Similarly, if you register in "bad faith" (e.g. with the intention of selling to the owner of a similar domain name or trademark) you'll be in trouble. |
kaled said it all really.
so what shall i do ? shall i transfer my domain to him with out any issues ? can u please confirm will this rules applies outside india ?
Hi hmanjunath, and welcome to WebmasterWorld
Please read the forum charter, specifically the part on
TRADEMARK ISSUES AND OTHER LEGAL ADVICE [webmasterworld.com]
If you did register it with the intention of selling to the owner of the .com then yes I would transfer it to him to save any hasstle but I'm not a lawyer and can't give legal advice.
Thank you for ur replies i will update u on the same.
I'm no lawyer, but my impressions a re:
1) Claiming copyrights for a domain name probably wouldn't hold up in any court of law in the world, unless it was one REALLLLLYYYYY long domain name.
2) I tried to register a domain as a trademark once and got rejected because the domain name consisted of two English words stuck together with no space and a .com, which basically made it an address and that you can't trademark common words.
As long as you didn't register the domain name in bad faith and the root isn't a trademarked string of characters (e.g. Google) I wouldn't loose much sleep over it. Just don't try to sell it to the party or they will get you for a bad faith registration. Remember trademarks are not universal, they are for specific industries.
KenB did you read any of his posts?
He bought it simply to sell it to the .com owner, also I thought that you can copyright a name as long as its not a generic word(s).
I read the thread but missed the part that he bought it to sell it to the .com owner (I must have been distracted). This probably seals it for him.
|also I thought that you can copyright a name as long as its not a generic word(s). |
You can CLAIM a copyright for anything you want, but whether that copyright is valid or not is another story. You would be hard pressed to convince a court that a domain name deserved copyright protection because it it is too short and not really a unique piece of creative works. See: [chillingeffects.org...]
|Question: Does copyright protect words or short phrases? |
Answer: No. Names, titles, and short phrases are not subject to copyright protection. These are not deemed to be "original works of authorship" under the Copyright Act. Names may be protected by trademark, in some instances. See the Trademark FAQ for more information.