Protect your trademark on the internet

HANNOVER, GERMANY - MARCH 03:  The camera of a...
Since the advent of the Web, it has become increasingly easy for people to monitor their trademarks on the Internet. A simple search can reveal similar business names, mottos, logos, designs, and other identifying devices. In fact, overthe last decade there has been a dramatic increase in trademark infringement claims. If your search for trademarks on the Internet has shown a violation of your intellectual property, you can protect yourself with the professional help of a New York trademark attorney.

Trademarks Involving Domain Names
Trademarks on the Internet involving domain names have received a good deal of attention recently. This is because domain names are significant when companies want to establish an online presence. But the problem is that anyone can register an available domain name, and so a company isn't always the first to get the name they want. If a company's desired domain name has been taken by someone else, they may choose to fight for the domain. In these cases, the party seeking to obtain the domain must rely on their trademark rights. If the domain name is identical to the party's trademark, then they may have a legitimate case. However, ownership of the trademark alone may not be enough to prove infringement. To know whether a registered domain infringes upon your property rights, you can contact a New York trademark attorney. An attorney may help you obtain a domain that you feel is rightfully yours.

Dilution of Trademarks on the Internet
When a trademark is infringed upon by an Internet domain name, the trademark owner will often claim that their trademark is being diluted. For instance, if someone owned the domain coca, then Coca Cola Inc. might claim the dilution of their famous name. However, to claim dilution, a company would have to prove that their trademark is actually "famous," and that the use of the domain has affected the identity of the famous mark.

Protecting Your Trademark
If you have found evidence of someone infringing upon your registered trademark, then you may want to take legal measures to protect your property rights. To do so, you can get the help of a New York trademark attorney. An attorneywill investigate your case, and if needed, file a lawsuit to stop the infringement. If you must fight for your rights, then a trademark attorney can represent you in a court of law.

Charles N. Internicola is an author and franchise attorney.
Charles is the author of "An Entrepreneurs Guide to
Purchasing a Business" and he is the editor of the New York
Franchise Law Blog. Charles Internicola represents
individuals establishing franchise systems and also helps
franchisors maintain their franchise registration and
compliance programs.

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