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About Internet Domain Names
Unique Trademark Issues
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Internet domain name is protectable and registrable
if it functions as a source identifier (brand name).
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The TLD part (.com, .org, .net, www., etc.)
carries no trademark weight (comments below).
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Word stringing ("chicagoattorney" or "paintstore" etc.)
carries no trademark weight (comments below).
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Domain name registration is not an equivalent to
trademark registration.
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Domain name dispute rules are preliminaries that do
not trump trademark laws.
TLDs Accorded No
Trademark Weight
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The TLD part of the mark is accorded no trademark
weight, -- it is ignored when determining issues such as descriptiveness,
likelihood of confusion and the like.
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In other words, if the domain name is generic, descriptive, too close to another
trademark, ...., the .com, .org, .net (etc.)
will not cure the infirmity.
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Exception, still hypothetical, is a
.com or whatever that creates a composite sufficiently more distinctive in
commercial impression than its separate parts (via incongruity, double entendre
etc.).
Word Strings Accorded No Trademark Weight
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Word stringing, such as "chicagoattorney" or "paintstore",
is accorded no trademark weight -- it is ignored when determining issues such as
descriptiveness, likelihood of confusion and the like.
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In other words, if the phrase without word stringing - such as "Chicago
attorney" or "paint store" is generic, descriptive, too close to another
trademark, ...., the word stringing
will not cure the infirmity.
Trademark Use Required
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Use of a domain name as a domain name (to enable
browsers to reach your website), without more, is not trademark use.
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No trademark rights accrue without trademark use.
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In other words, it must be used as a brand name, not
merely an Internet address.
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It can be used as a brand name with or without the
TLD, and with or without the word stringing.
other topics - trademark
weight,
trademark myths,
naming and branding,
oppositions,
trademark searches,
trademark
registrations, slogans
questions, inquiries
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contact the firm
(all contact modes)
or call 312.419.8055
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