Legal Question in Business Law in New York

So your domain and the name of your company may also be serving as a trademark. For example, Google.com (domain), Google, Inc. (corp name) . The trademark here is Google, but the domain and the LLC name do not have to be the same. You could be computerrepairNY.com, with an LLC name of ACME, LLC, but doing business as The Computer Doctor. But by virtue of acquiring a domain or registering a business with your state, it does not protect the name as a trademark.

Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a detailed explanation of the due diligence process and a guide on how to choose a strong trademark.

http://www.lanternlegal.com/trademark_due_diligence.php

http://www.lanternlegal.com/test_trademark.php

I strongly suggest you consult a lawyer in private and get some guidance before jumping in.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

Your website domain should match the name of the LLC only if you will be conducting business under the exact LLC name. Many people use a trade name that differs from the LLC name. For example, you can open an LLC called ABC123 Services LLC, but the business name you actually use is John's Dog Walking. In this case, you'd want the website to be "johnsdogwalking.com" or something like that. If your LLC name will match your business name exactly, then yes, you would definitely want the two names to match. This will require that you check the availability of the LLC name via the NYS corporations database, and also check the domain name via Whois. If both are available, grab them right away before they disappear.

Lastly, have a look at our fantastic LLC setup service that can save you a lot of money: http://www.CheapNewYorkLLC.com

Having the domain name proper (everything to the left of the dot) match your trademark is important. The fastest, cleanest and easiest way to protect your name on the internet is to have this match, because then you can invoke the Uniform Domain Name Dispute Procedure and have WIPO intervene without having to go to court.