ABA Family Legal Guide

Computer Law

Computer Copyright and Trademark Issues

Legal Issues and Your Personal Website

Am I safe once my name is registered?

That depends on whether your name infringes on a trademark. If it does, your going online might be the most risky moment in the process.

Domain name registration companies generally only check to determine whether a name has been used for a Web address, not whether another company or individual has trademarked the name. To determine whether a name has been trademarked, you should check with the U.S. Patent and Trademark Office or have a lawyer perform the check for you.

Many companies aggressively protect their trademarks and are willing to take alleged infringers to court after the failure of more peaceful efforts at resolution, such as a letter requesting that the offending party change its name. For example, Mattel, maker of the Barbie doll, sued Adventure Apparel, saying that its BarbiesBeachWear.com and BarbiesClothing.com sites infringed on the toy company's trademark in violation of the 1999 Anticybersquatting Consumer Protection Act. The U.S. District Court for Southern New York ruled for Mattel in September 2001, saying the use of Barbie's name diluted the value of the trademark. The court awarded the company $2,000 in damages.

Under the law, a person can have a domain name that would otherwise infringe on a trademark if the name is designed to be a parody, is not meant to be used as part of a commercial site, and does not dilute the value of the company's trademark. These are all legal questions, which are often left to the courts. Consult a lawyer if, after checking with the U.S. Patent and Trademark Office, you believe you still have cause for concern but nevertheless want to use the name.