When is a domain name a trademark? When is it infringement?

The law is always struggling to keep up with the pace of technology – especially the internet.  One interesting legal issue that has emerged is the intersection of domain names (URLs) and trademarks.  Under Texas law, your domain name may be infringing on the trademark of one of your competitors, or your competitor may be infringing on your trademark with a similar domain name.  But how do you know who is infringing who?  And if you’re starting a business or growing your business, what do you need to know to avoid trademark infringement?

A trademark is “a word, name, symbol, device, slogan, or any combination thereof that, whether registered or not, has been adopted and used by a person to identify his or her goods and distinguish them from the goods manufactured or sold by others.”  Domain names are frequently used to identify a company, product, or service, and thus, will often qualify as a trademark – even if it isn’t registered.  If you’re starting a business and using a domain name that is similar to an existing trademark, the trademark owner can bring a  domain name trademark infringement lawsuit.

The Anticybersquatting Consumer Protection Act made it easier for trademark owners to bring lawsuits against others using domain names that are similar to their names and trademarks.  The Uniform Domain Name Dispute Resolution Policy (UDRP) also made it easier and faster to resolve domain name trademark infringement disputes.  However, domain name trademark disputes can still be difficult if it involves an unregistered trademark.  Thus, if you’re starting a business or growing an existing business, it’s important to talk with a business attorney about protecting your brand with trademark registration.  Similarly, when starting a business or building your brand, it’s important to ensure your domain name doesn’t infringe on others’ trademarks.

James Blake is an Austin Business Attorney who regularly advises clients regarding copyright, trademark, internet law, technology, and other intellectual property issues.  To read more articles on copyright, trademark, and other intellectual property law, visit his Austin Business Law Blog.