Blogging Issues: Choosing a Domain Name

Posted by Natalie Sulimani

March 3, 2010

In our second part of IP issues in blogging:

The use of another’s Domain Name: You must be careful in choosing a domain name for your blog that you do not choose one that closely resembles another’s registered domain name or trademark. The Anticybersquatting Consumer Protection Act makes it easier for individuals and companies to take over domain names that are confusingly similar to their names or trademarks. This can also include gripe sites, meaning COMPANYsucks.com or ihateCOMPANY.com, etc.

The Internet Corporation for Assigned Names and Numbers (ICANN) also decided to streamline the process by creating the Uniform Domain Name Dispute Resolution Policy (UDRP). Under this policy, three things need be proven by the trademark owner against the domain name registrant:

1. The trademark owner has a registered trademark,

2. the party that registered the domain name has no legitimate right or interest in the name, and

3. the domain name was registered and used in bad faith.

While the UDRP has made domain name disputes faster, cheaper and universal; it also tends to favor trademark holders. As a best practice, have your attorney run a comprehensive search as part of the process for registering your domain name, trademark and/or incorporating your business. Do not simply rely on a Google search in order to advise you as to the availability of the domain name you have chosen.