Can a domain name infringe a trademark?

A business registered a domain name that was already trademarked by a competitor but had not yet been registered as a domain name. In such cases, the owner of the domain name unfairly benefits from the deceptive domain name. Courts will find the domain name constitutes trademark infringement.

Can you trademark a domain name UK?

Domain names can be registered as trade marks. They are subject to the same rules and standards as all other types of trade marks. It’s important to note that registering a domain name doesn’t automatically: make that name a trade mark.

Is a domain name intellectual property UK?

A domain name is the text form of a computer’s numeric IP address which is used to identify it on the part of the internet called the world wide web (“www”) or, simply, “the Web”. For example, the website address of this firm is “www.intellectual-property.co.uk” and the domain name is “intellectual-property.co.uk”.

Can I sue for a domain name?

Suing Under the ACPA The Anticybersquatting Consumer Protection Act (ACPA) authorizes a trademark owner to sue an alleged cybersquatter in federal court and obtain a court order transferring the domain name back to the trademark owner. In some cases, the cybersquatter must pay money damages.

Does a domain name count as a trademark?

A mark comprised of a domain name may be registered as a trademark or service mark in the U.S. Patent and Trademark Office. However, just like any other mark, the domain name is registrable only if it functions to identify the particular source of goods or services offered.

What Cannot be used as a trademark?

A brand name which consists of the word which is commonly used in day to day life to identify the product cannot be trademarked. It may include kind, quality, quantity, values, geographical origin, and its characteristics. Following are some examples which cannot be trademarked.

Is a domain name considered a trademark?

What Cannot be trademarked UK?

Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.

Who is suing people’s postcode lottery for trademark infringement?

A paid postcode lottery service called People’s Postcode Lottery are suing us for trademark infringement and “passing off”.

Is the people’s Postcode Lottery a legal action?

The fact that the Free Postcode Lottery is free is an annoyance to them but a moot point. I suspect nothing less than a cease and desist will suffice. Other competition organisers should watch if the People’s Postcode Lottery does go ahead with legal action, it could have consequences far beyond the Free Postcode Lottery.

How are trade marks registered in the UK?

The Trade Marks Act 1994 stipulates which marks can and cannot be registered. In order for a trade mark to be registerable, it must be distinctive.

Can a copyright be registered as a trade mark?

Copyright cannot be registered but subsists in the mere creation of the work by the author, artist, film maker, musician, programmer, publisher, broadcaster, or photographer, as the case may be. Therefore, even to the drafter of a personal letter is granted automatic copyright protection by law.