If that’s the case, and the the webmaster registers the domain name anyways, they put themselves in the risk of losing that name through a domain name arbitration proceeding. There’s even a chance they may even be charged with a trademark or a copyright infringement, if things get that far. For this reason, it’s better to make sure the exact words used when registering a domain name isn’t protected by someone else.
How To Avoid Copyright Infringement When Registering Domain Names
If a domain name happens to be similar to a currently registered trademark, or one that is pending, then evaluate and decide whether the domain name is worth registering. Usually, if your new website containing that new domain name is not selling, or has content that is related to the trademarked domains site, most often, you will not get you into any legal trouble. But to be completely sure, and if you really, really want that domain name, you can always consult with a trademark attorney, provided you are willing to pay for a minimum of a hours consultation.
Obviously, if you’re looking for absolute ‘no risk’ in the domain name, you can just come up with another domain name. The key when picking a good domain name is to be as generic as possible. Using keywords that are searched by users using a major search engine, is an excellent strategy. Looking for words or a string of words and finding their exact terms in a dictionary is another method. If everything else fails, you can just take popular generic words or terms and combine them with other words that’s not likely to be taken.
Either way, once a generic keyword rich domain name has been chosen, you may even consider getting it trademarked yourself, especially if you’re wanting to brand your business. Once you have your own official trademark, then you will have the legal power should someone else tries to register a similar name. Be aware that there are a lot of domain name predators out there, (companies or individuals that try to steal profitable domain names), so a webmaster should legally protect themselves as much as possible.
So make sure you check if the keywords contain words that are part of a trademark. Obviously, company brand names such as ‘Visa’ or ‘Chevrolet’ should not be used. If a domain name is challenged, then it goes into an arbitration proceeding, and usually does not rule in the webmaster’s favor.