Using a Domain Name
Rights of use regarding a domain name are largely determined by
the applicable trademark law (which can be difficult to ascertain
because of the global nature of the Internet). Thus, even though
you have validly registered a domain name, you do not necessarily
have the right to use it in any way you choose. In most cases, your
right to use the domain name is determined by trademark law, not
the rules and regulations involved in the registration. A scenario
may help to explain the situation:
Scenario 1: After a search of the .COM registry, Ace
Plumbing, a small unincorporated business, determines that there
is no registration for "aceplumbing.com". It then registers that
domain name. However, a company called SuperPlumbing has a trademark
registration in Canada for Ace Plumbing, covering plumbing products
and services. Can Ace Plumbing use the domain name?
Commentary: In this scenario, Ace Plumbing has validly
registered the domain name 'aceplumbing.com.' However, if Ace
Plumbing uses this name to sell or promote its plumbing products
or services, then it is likely infringing the trademark owned
by SuperPlumbing.
As the trademark owner, SuperPlumbing has prior rights to the
use of the name "Ace Plumbing" for plumbing products and services.
It could launch a court action for trademark infringement, and/or
make a complaint under the .COM dispute resolution policy, if
the dispute qualifies for this process.
Ace has the "right" to the domain name, in the sense that it
has properly followed the technical requirements for registration
and it can use this domain name to point to its IP number. However,
its use of the name is limited, because of trademark law.
As this scenario shows, it is important to do further research
into the proposed domain name. A thorough search, based on the use,
products and/or services you intend to offer on the site, is essential.
This should include trademark, corporate, business name and domain
name searches, for Canada and internationally. The purpose is to
determine how useable the domain name is for its intended purposes.
It may also provide you with information about potential legal problems
based on trademark infringement.
Please see our trademark
pages for more information.
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