Domain Names

One of the key areas  of trademark disputes is related to Internet domain names.  One of the conceptual differences between domain names versus trademarks is that within each top-level domain e.g.com,.ca etc. only one person can use a particular domain name, whereas in trademark law multiple parties can use the same trademark in a different channel of trade.  As such there are multiple people in that circumstance who potentially are entitled to a good-faith domain name registration but only one who can have it.  Domain name clearance and domain name availability has thus become more important in the trademark clearance process for many projects.

A domain name can actually constitute a trademark depending on how it is used but one of the other things that companies find from time to time is that third parties will use inappropriately or in an infringing fashion a domain name which encroaches upon your trademark rights.  There is a dispute resolution process which can be used to endeavor to acquire domain names which are being used in bad faith by a third-party.  We can provide assistance and further information on this as required.

We can assist with domain name registration, policing and enforcement as required.