How to Protect a Domain Name

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4 February 2010
We often get asked how to protect a domain name so that a third
party cannot launch a similar domain name on the internet.
There is not a single registration system that allows you to
make claim over a domain (and all of the various suffixes) however you can
protect a domain name in the following ways;
(1) Trade Mark Application.
By filing a trade mark application for the distinctive element
of the domain name (for example the distinctive element of www.lawdit.co.uk is
the term lawdit) this will enable you to prevent third parties (in most
circumstances) from using similar domains in relation to similar goods or
services in the territory that your trade mark relates to.
However if a third party uses the domain in relation to
dissimilar goods and services or in a different territory it will be much harder
to acquire control of the domain.
(2) Purchasing Domains
The other option (which should really compliment 1 above and not
replace it) is to purchase all the variations of domain names and suffixes to
avoid others from doing so. This can of course be expensive but it is good
practice to own all of the more popular domain names to avoid a conflict in the
future.
Jody Tsigarides is a Solicitor who specialises in IP law.
jody.tsigarides@lawdit.co.uk
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.