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Friday, August 25, 2006
Infringing domain name
By Clint Fabiosa & Andrew Ong
I.Protect
If I use a trademark registered to somebody else and use it as my Internet domain name, can I be held liable for trademark infringement?
One can be held liable for trademark infringement if he uses an Internet domain name, which is a registered trademark of another entity. Even if the said domain name is successfully registered in an Internet domain name registrar, it does not absolve the person from trademark infringement liability.
Registration of a domain name in an Internet domain registrar does not protect it as a trademark. Before using or adopting an Internet domain name, one must conduct a search to determine whether another party has registered the same as a trademark. Better yet, one should create his own unique domain name or mark.
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