Domain names are simply the addresses of the Internet.
They are divided into hierarchies. The top-level of the
hierarchy appears after the last dot ('.') in a domain
name.
In "Yahoo.com", the top level domain name is .COM. The .COM name
is the most common top-level domain name, and is used to
indicate that the domain name is owned by a commercial
enterprise.
Other common top-level domain names include .ORG (for non-profit
organizations), .NET (for network and Internet related
organizations), .EDU (for four-year colleges and universities),
.CO.UK (UK websites) .GOV (for government entities) .TW
(Taiwanese sites) ...and it doesn't stop there.
There is currently a new wave on the internet. It's the new .WS,
racing its way towards internet popularity.
The number of Internet users is expected to hit 300 million by
2005. As internet use increases, so will domain name purchases,
hosting accounts and websites. Currently, there are about 20,000
new registrations per day.
Now, like everything else in life, registering a domain name
comes with its own risks and therefore caution must be exercised
in doing so. Here's a simple example. You have been looking for
a niche market over a period of time and finally came across a
winner...
...Pet care!
Excited and full of optimism, you quickly register the domain
name petcare.com.
Then, something strange happened...
...You receive a letter from some attorney representing Pet Care
Corporation claiming that you have violated there trademark
laws! Oh no! How could this be? You ensured that your domain
name was available before registering it. You even went as far
as to checking with Deleted domains and now this!
Well, guess what just happened. Pet Care Corp. has always been a
brick and mortar business but just shortly after you started
your petcare.com website they decided to go online and
discovered that petcare.com was already taken.
Trouble, big trouble...
...The fact that you registered your domain name before the
patented Pet Care Corp., their advent on the internet gives them
autonomy over the use of the domain name you have chosen!
Ridiculous! How could this be?
Well, the following might surprise you:
Holders of valid trademarks are protected from infringements of
that trademark by the Lanham Act.
According to Section 32 of the Lanham Act:
Any person who shall, without the consent of the registrant--
(a) use in commerce any reproduction, counterfeit, copy, or
colorable imitation of a registered mark in connection with the
sale, offering for sale, distribution, or advertising of any
goods or services on or in connection with which such use is
likely to cause confusion, or to cause mistake, or to deceive
... shall be liable for trademark infringement. 15 U.S.C.
Section 1114(1). Section 43 of the Lanham Act applies to
(1) Any person who, on or in connection with any goods or
services, or any container for goods, uses in commerce any word,
term, name, symbol, or device, or any combination thereof, or
any false designation of origin, false or misleading description
of fact, or false or misleading representation of fact, which--
(A) is likely to cause confusion, or to cause mistake, or to
deceive as to the affiliation, connection, or association of
such person with another person, or as to the origin,
sponsorship, or approval of his or her goods, services, or
commercial activities by another person, or
(B) In commercial advertising or promotion, misrepresents the
nature, characteristics, qualities, or geographic origin of his
or her or another person's goods, services, or commercial
activities....
A good example of the foregoing, is the case of Cardservice,
Int'l v. McGee, 950 F. Supp. 737 (E.D. Va. 1997)
Because of McGee's use of "cardservice.com", Cardservice
International has no access to an internet domain name
containing its registered mark, and must use a different domain
name.
Cardservice International's customers who wish to take advantage
of its internet services but do not know its domain name are
likely to assume that "cardservice.com" belongs to Cardservice
International.
These customers would instead reach McGee and see a home page
for "Card Service". They would find that McGee's internet site
offers advertisements for and provides access to the same
services as Cardservice International--credit and debit card
processing. Many would assume that they have reached Cardservice
International or, even if they realize that is not who they have
reached, take advantage of McGee's services because they do not
otherwise know how to reach Cardservice International. Such
confusion is not only likely, but, according to McGee, has
actually occurred at least four or five times since he began
using "cardservice.com". Transcript of Preliminary Injunction
Hearing at 366.
So, before registering your domain, make sure you are satisfied
that your intended domain name will not be infringing on any
company's trademark or patent rights!
Today's Jamaican Patois special:
You say in english: Do you have a US visa?
We say in Jamaican patois: Yu ha' none Us visa?
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