Domain-name infringement occurs when an individual utilises a website name that closely resembles another person’s trademark or service mark. This can lead to confusion among individuals attempting to locate the authentic website. Infringement refers to the act of violating the rights of a patent, copyright, or trademark owner, akin to unauthorized copying of someone else’s work. Intentional infringement is termed as willful infringement, while unintentional infringement is referred to as innocent infringement.
Domain-name infringement occurs when someone utilises an internet domain name that is confusingly similar to another person’s trademark or servicemark. This entails using a name that closely resembles another brand or service name with the intention of deceiving individuals into believing they are associated. For instance, if an individual establishes a website named “CocaColaStore.net” and sells products that resemble those of Coca-Cola, it would constitute domain-name infringement. Consumers may mistakenly believe they are purchasing items from the genuine Coca-Cola company, when in reality, they are buying from someone who is exploiting a similar name to deceive them. This form of infringement falls under intellectual property rights violation, wherein an individual interferes with the exclusive rights of a patent, copyright, or trademark owner. It is unlawful and can lead to legal consequences for the infringer.
Domain-name infringement occurs when someone uses a domain name that is identical or confusingly similar to a trademark or service mark owned by another party.
The consequences of domain-name infringement can include legal action, damages, and the loss of the domain name.
You can protect your domain name from infringement by registering it as a trademark or service mark, monitoring the internet for potential infringers, and taking legal action if necessary.
If you believe someone is infringing on your domain name, you should consult with an attorney who specializes in intellectual property law to determine the best course of action.
Yes, you can sue someone for domain-name infringement if they are using a domain name that is identical or confusingly similar to your trademark or service mark.
You may be able to recover damages for lost profits, the cost of advertising and marketing, and any other losses you have suffered as a result of the infringement.
In some cases, you may be able to recover attorney’s fees in a domain-name infringement lawsuit if you are successful in proving your case.
The statute of limitations for domain-name infringement varies depending on the jurisdiction, but it is typically between two and five years.
Yes, you can file a complaint with ICANN if someone is infringing on your domain name. ICANN has a dispute resolution process that can help resolve domain-name disputes.
No, you cannot transfer a domain name that is infringing on someone else’s trademark or service mark. Doing so would be illegal and could result in legal action against you.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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