Our office remains open to serve your important legal needs during these turbulent and challenging times. We are happy to schedule client consultations and client meetings by telephone or video-conference at your request.
Bryan E. Kuhn
Counselor at Law, P.C.
Business & Employment Law Attorney

Domain names can be trademarked

Businesses in Colorado and throughout America will likely have a website, and this means that they will have to pick a domain name. If a domain name is distinctive in some way, it will typically qualify for trademark protection. Once a domain name has been trademarked, no one else can use the name without permission. If the trademark has been infringed upon, its owner may be entitled to financial or other forms of relief.

Simply using a domain name that sounds similar to an existing domain name doesn’t necessarily qualify as trademark infringement. To qualify as infringement, a party would need to take action that could be seen as confusing to a customer. For instance, a company couldn’t create a domain name that implies it is being endorsed by a trademark holder. It also couldn’t imply that the owner of a trademark is affiliated with the infringing entity or is being endorsed by the trademark owner.

A name could also be seen as confusing if it leads customers to buy products that they didn’t intend to purchase. To avoid a potential trademark infringement case, business owners are encouraged to do a trademark search before choosing a name. From there, they can determine whether a name may be too similar to one that has already been selected by another company.

Any company that has legal concerns with growing a business may want to address those concerns with an attorney. He or she may be able to assist with trademark searches or resolve trademark disputes that may have arisen. In some cases, it may be possible for companies to resolve disputes amicably without the need for any party to pay damages to the other. Intellectual property cases may be resolved without the need to go to court.

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