LEGAL MARQUE • Geneva

Domain Names

“It is essential for your present and future success. Imagine that after making a lot of effort, you realize that the name of your company, your flagship product or your innovative service has already been registered and protected. Or even, the domain name that you are thinking of has already been taken, and its website has been online for several months. What will you do if you notice that your logo, your brand or your catchphrases have been copied by a competitor?

If you do not anticipate these questions, the future of your company can be seriously questioned!”

01. THE DOMAIN NAME and the TRADEMARK

It would be a serious mistake to consider that a trademark is only a registered name. As a matter of fact, it can be much more than that: a logotype, an image, one or more words, numbers, a drawing or even a color. Also be aware of that some countries authorize the recording of sounds, music or smells! It is to say that the domain of the trademark is rich and varied.

“A BRAND MUST TRANSMIT EMOTIONS.” Steve Jobs

The trademark, or domain name as well are essential for helping to distinguish and differentiate one service, one company, or one product from another. We must therefore take the time to think carefully about what we want to convey as value and as information. Legal Marque can help you concretely in this reflection, because once a trademark been launched, it’s practically impossible to be modified due to the reasons of cost, notoriety etc.

02. DOMAIN NAME LITIGATION

“The domain name represents major strategic interest for the company, which allows to communicate on his activity, targeting his clientele and his prospects, both nationally and internationally. The domain name should be registered to get protected.

By giving numbers of domain name registrations each year, litigations are not uncommon. Calling on an expert like Legal Marque makes it easy to contact the owner, report the violation to the host or contest the domain name before a competent jurisdiction.

For all problems which is related to this type of approach, it is preferable to rely on solid skills.
Completing this type of procedure also requires being well prepared. If this choice makes it possible to resolve disputes more quickly and easily, sound advice will be useful to find a satisfactory outcome successfully for the development of your company in the future.”

03. REGISTER YOUR DOMAIN NAME BEFORE YOUR TRADEMARK

If a company wishes to develop is often in a hurry to create its site online, precautions must be taken. It is indeed risky to register a domain name before taking steps to register your trademark.

Legal Marque indeed advises to carry out a prior search for a trademark to ensure that the found-idea can be adopted. If not, the domain name would no longer be optimal. To avoid having to modify the latter urgently, the order of procedures must therefore be followed, but the choice of products and services carried on the same communication mediums as well. In that respect, companies will avoid many inconveniences and lawsuits.

04. THE PRIORITY RESEARCH

Before filing your logo or trademark, it is essential to carry out a precedence search to know if a competitor has not preceded you. Moreover, there is necessary willingness to damage your company: a graphic design agency may have proposed a logo resembling another without knowing it.

An expert like Legal Marque will also alert you to the point that it can be contentious in a number of cases: a trademark “similar to the point of causing confusion” with respect to another. Even if you are in good faith, you will need to be supported effectively in order not to suffer from a legal setback which can prove to be unnecessarily expensive.

05. THE DOMAIN NAME AND THE COMPANY NAME

When you register a domain name, but another company has chosen it as company name before this process, disputes are legion. In principle, the corporate name prevails, and yet this precedence does not always primitive. To be able to defend yourself in this type of case, the support of a Legal Marque expert is therefore highly recommended.

To assess whether prejudice has effected for company that registered its name firstly, the court is the sole authority, in particular on questions of unfair competition or confusion over the identity of names. However, a perfect knowledge of the legislation in the field is essential to assert your rights. Legal Marque intends to be at your side for this process.

06. DOMAIN NAME AND COPYRIGHT

Domain names, the same as the trademarks, are subject to strict regulation. For a Legal Marque expert, it is always preferable to check the availability, but also the possible litigations with a third party, in particular regarding to the copyright filed. When pre-registration has been made, caution is advised. Copyright prevails once originality has been demonstrated.

For any litigations in this context, only the experienced specialist in legislation related to the domain name can be useful. Company will therefore understand that preparation is the key to guarding against these copyright risks.