Trademark Laws In Cyberspace
Foreword By The Editor
The following article by Alex Finn brings into focus the somewhat blurry issues of trademark law as it relates to domain names and the use of keywords associated with domain names. If you want further information, be sure to follow the links in the last paragraph (headed About The Author).
Mike Alexander
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Domain Names
Discussions about trademark laws for the Internet invariably leads to the requirement (or otherwise) of trademarks for domain names. This is quite critical because the domain name you have conveys your identity and might also signify the services you offer customers.
A domain name that has been trademarked not only enables you to prosecute people who infringe your mark by using it as their own but also protects you from being looked upon as the owner of their website that might be making use of a deceptively similar domain name as yours.
You have to do a thorough search for almost identical domain names in cyberspace before registering your trademark, in order to prevent any infringements. The search must involve a detailed look at marks that are quite similar in spelling, sound or even meaning to the domain name you have chosen for your website. It is vital to register a domain only after properly checking that it does not infringe upon such trademarks.
Advice
For attaining this, it is preferable to engage the services of a cyber-law attorney, who can advise you in cyber-related trademark issues. This will not only enable you to avoid infringement claims but also save you from future conflicts.
It is essential to note in this regard that a domain name can be registered as a trademark only if it serves as a quick identifier of the products or services of your business, and not just as an address that brings web users to your site.
Keywords
Besides domain names and their possible infringement, infringement of keywords is a new menace in cyberspace, whereby genuine trademarks are lifted and used as keywords in advertisements put up through Yahoo, Google, and MSN, with the obvious purpose of creating a misunderstanding and confusion among customers.
Using such a keyword is not tantamount to a violation if the promotional ads lead to higher sales of the products or services behind the genuine trademark, but it is an infringement if the promoter starts using it as a tool for competing against the trademark owner.
About The Author
Uncover more about trademarks Singapore and industrial design protection. You are welcome to reprint this article – but get your own unique content version here.

