question on domain names

zuzuzu · Nov 12, 2008

hey folks,

im hugely confused about the whole domain name registering in regards to copyrights and trademarks. Heres my senario and would appreciate any help/advise you can offer!

I have a new internet business idea. I want to reserve a domain name before it is taken. The business is not yet set up but i still want to reserve the domain. For this example the domain name will be MYDOMAIN.

Q1) I want to use MYDOMAIN.COM. Can i copyright or trademark this so that no one can use MYDOMAIN.IE, MYDOMAIN.CO.UK and every other MYDOMAIN.**? If so, what are the steps i take? (If not proceed to Q2)

Q2) If i cant copyright the name or trademark the name...what do i do to get other peolpe using MYDOMAIN.IE or .CO.UK or .NET etc..?

Q3) What do i have to do to get MYDOMAIN.IE and MYDOMAIN.CO.UK to go to MYDOMAIN.COM when they are clicked?

Thanks.

accelerator · Nov 12, 2008

First you want to register all the various extensions for mydomain that you think are important, i.e. bag the ones that are free to register.

You can then add to your intellectual property by taking out say a UK trademark, which will help you legally if people start registering other domains that contain your trademark.

Rgds

springer · Nov 13, 2008

Will be unlikely that copyright will subsist in the domain name - will be regarded as de minimis.

Trademark is possible - defined as "any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings". There are certain marks that cannot be registered such as a mark devoid of distinctive character, descriptive marks (such as 'fruit loops'), generic or customary marks, marks against the public interest or registered in bad faith (ie if you register and do not intend to use the mark).

Other than that, you could succeed in a passing-off claim, but unlikely yet as your business is not established.