Avoiding Trademark Infringement When Choosing a Domain Name

Choosing a domain name (for example, www.antareslawfirm.com) can be an exciting and fun process for a new company. While most business owners focus on the marketing standpoint when selecting a memorable and catchy brand and domain name, they often overlook the legal aspect.

Legally speaking, if you choose a domain name that is similar to one of the millions of commercial names that already exist, you face the risk of losing your domain name. Not to mention, you risk losing all the resources you invested in the development and marketing of your brand. Should your domain name become the subject of an administrative proceeding and/or a trademark litigation, you could lose your domain name or owe another company money in damages for illegally using their branding.

Before you start using a new domain name (or brand in general), consult with a trademark lawyer. Ask the lawyer to run a search on the domain name and brand you wish to use and to provide you with an opinion letter prior to starting your company. Ask your lawyer to offer you a strategy to protect your company's intellectual property at the early stages of its formation. Remember, owning your intellectual property is power.

Laila Ghauri, Esq., Principal Attorney, Antares Law Firm