Legal Question in Technology Law in California

Trademark vs. internet web address

If a trademark process is started for a particular name, and that name

appears in a web address, will the trademark have any precedence over

the web url? If someone has registered a website with this name, just to

have it, with their only intention being it's sale, would a registered

trademark supercede? Thank you in advance.


Asked on 12/28/05, 2:42 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Trademark vs. internet web address

The practice of registering a Web address with the intent not to use it, but to block someone else's use of it, is called cybersquatting. It was made illegal by a federal law enacted in November, 1999, the "Anticybersquatting Consumer Protection Act." It provides a civil remedy for holders of famous or distinctive trademarks against domain-name registrants who act in bad faith or hold trademarked names for ransom.

My impression is that unless the trademark is famous or distinctive, or perhaps both, as those terms are meant in trademark law, the ACPA won't be a very effective tool for you.

Another possibility is the "Uniform Domain Name Resolution Policy" of ICANN.

Thee is a lot of information available on the Web about both of these.

The bottom line is that creating a new trademark is probably not going to deliver a KO punch to someone who has already registered a domain name that conflicts with the new trademark.

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Answered on 12/28/05, 3:42 pm


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