Trademark a domain

how best to tackle a problem before it becomes one

[TinkyWinky]

Did a quick search and couldn't find anything about this...

If I regsiter a domain name - say luvvlyjubbly.co.uk or .com, how simple is it to protect luvvlyjubbly-widgets.co.uk should I ever want to add a couple of domains on specific subjects but leverage the brand of the main site?

I don't want to purchase 14 billion domains all over the world - just to ensure that in the UK and US I have some protection.

I know WIPO oversee the protection of brands and cybersquatting but how good are they really?

[Receptional]

Googlesearch for the Patent Office for info on getting a UK trademark. It is not so expensive, and we certainly did it without the need for getting a lawyer in, although we have some people with contract law experience in the office anyway.

Not sure about US trademarks.

Getting the trademark definitely protects us from people buying trademark-keyword.ws and marketing to people in the UK for example but we have to give them "fair warning" that they are infringing trademarks and that they should get their act together. So far, everyone has been quick to comply.

On the reverse, we tried to market a domain - let's call it German-roads co uk - (it was as general as that) only to find that a well known company called "German Roads" had trademarked their name and were upset. Naturally, we obliged and took the site down.

[Compworld]

Under the DMCA, if you are the first to use the domain and/or new material, your company is already copyrighted under the DMCA. If you want to have added assurance, you can go to the US trademark and Patent office website and conduct a search, as well as print out the necessary forms for the copyright. I think it’s about $400 dollars USD for the service. Alternatively, Godaddy offers some sort of copy right service for a few dollars USD, but I am not sure how well it would hold up in a legal proceeding.

Here are the links for more information on each service. I have also included a link to the actual US DMCA which was approved by the United States Congress in 1998. Its in PDF format. Hope this helps.

US Trademark and Patent Office Web Site: www.uspto.gov

Godaddy Copyright Information Service: [godaddy.com...]

US Digital Millennium Copyright Act: [loc.gov...]

CompWorld

[Webwork]

I believe if you do a little research you will find that, about 3 or 4 years ago, the USPTO reversed a trend of granting domain name owners trademarks "without much proof or effort".

The problem was that people were registering common words or phrases and then attempting to exclude others from employing those words or phrases by asserting that they held trademark rights. Nothing could be further from rational truth or law, but that doesn't stop some people from trying.

If there's something truly unique about your domain creation and related use then the application makes sense. However, if widgets is a common word and you are attempting to protect "green widgets" you might be wasting your time.

Jeff Esq.

P.S. This isn't a legal opinion determinative of anything in your particular case ;-)

[TinkyWinky]

Thanks for that receptional - we are UK based and part of the overal lplan is to buy .com and .uk generic domains with the intention of doing something on both sides of the Atlantic.

Thi biggest worry is that I cannot buy every variation so I will create the main brand - trademark it and then hopefully that will ensure that all variations cannot be used without our permission.

Compworld : yes everything will be new material - so maybe I will look at the US copyright too!

It's such a minefield to ensure that you protect something you work hard for!