Schewanick Computer Services

Domain names are simply the addresses of the Internet. They are divided into hierarchies. The top-level of the hierarchy appears after the last dot ('.') in a domain name.

In "Yahoo.com", the top level domain name is .COM. The .COM name is the most common top-level domain name, and is used to indicate that the domain name is owned by a commercial enterprise.

Other common top-level domain names include .ORG (for non-profit organizations), .NET (for network and Internet related organizations), .EDU (for four-year colleges and universities), .CO.UK (UK websites) .GOV (for government entities) .TW (Taiwanese sites) ...and it doesn't stop there.

There is currently a new wave on the internet. It's the new .WS, racing its way towards internet popularity.

The number of Internet users is expected to hit 300 million by 2005. As internet use increases, so will domain name purchases, hosting accounts and websites. Currently, there are about 20,000 new registrations per day.

Now, like everything else in life, registering a domain name comes with its own risks and therefore caution must be exercised in doing so. Here's a simple example. You have been looking for a niche market over a period of time and finally came across a winner...

...Pet care!

Excited and full of optimism, you quickly register the domain name petcare.com.

Then, something strange happened...

...You receive a letter from some attorney representing Pet Care Corporation claiming that you have violated there trademark laws! Oh no! How could this be? You ensured that your domain name was available before registering it. You even went as far as to checking with Deleted domains and now this!

Well, guess what just happened. Pet Care Corp. has always been a brick and mortar business but just shortly after you started your petcare.com website they decided to go online and discovered that petcare.com was already taken.

Trouble, big trouble...

...The fact that you registered your domain name before the patented Pet Care Corp., their advent on the internet gives them autonomy over the use of the domain name you have chosen!

Ridiculous! How could this be?

Well, the following might surprise you:

Holders of valid trademarks are protected from infringements of that trademark by the Lanham Act.

According to Section 32 of the Lanham Act:

Any person who shall, without the consent of the registrant--

(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive ... shall be liable for trademark infringement. 15 U.S.C. Section 1114(1). Section 43 of the Lanham Act applies to

(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which--

(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or

(B) In commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities....

A good example of the foregoing, is the case of Cardservice, Int'l v. McGee, 950 F. Supp. 737 (E.D. Va. 1997)

Because of McGee's use of "cardservice.com", Cardservice International has no access to an internet domain name containing its registered mark, and must use a different domain name.

Cardservice International's customers who wish to take advantage of its internet services but do not know its domain name are likely to assume that "cardservice.com" belongs to Cardservice International.

These customers would instead reach McGee and see a home page for "Card Service". They would find that McGee's internet site offers advertisements for and provides access to the same services as Cardservice International--credit and debit card processing. Many would assume that they have reached Cardservice International or, even if they realize that is not who they have reached, take advantage of McGee's services because they do not otherwise know how to reach Cardservice International. Such confusion is not only likely, but, according to McGee, has actually occurred at least four or five times since he began using "cardservice.com". Transcript of Preliminary Injunction Hearing at 366.

So, before registering your domain, make sure you are satisfied that your intended domain name will not be infringing on any company's trademark or patent rights!

Today's Jamaican Patois special:

You say in english: Do you have a US visa?

We say in Jamaican patois: Yu ha' none Us visa?

About the author:

Michael Roache is an ordinary guy, just like you, who genuinely loves people and is committed to online success. He is currently helping ordinary people to get their online busines from ground zero to cyperspace using a 100% tested and proven, guaranteed system that pulls traffic in the thousands daily. Click here http://www.RetireIn365.com/pips.html