First in Time on the Internet

Winthrop & Weinstine, P.A.
Contact

Yesterday, Laura provided some good marketing reasons for grabbing your company's brand name(s) and/or trademark(s) on various social media sites while the marks and brands are still available. I am not a marketing professional, but I agree with everything that she has said, and I'm here to provide some "legal" reasons for grabbing your company's brand or mark in these spaces.

I use quotes around the "legal" reasons because not all of my proffered reasons are strictly legal. From a strictly legal standpoint, a company that intends to rely on its trademark rights to preserve its own space on various social networking sites may have no protection whatsoever. Painting with broad strokes, conventional trademark law often cannot reach the use of a domain name in an Internet address because such use is often not considered trademark use. Uniform Domain Name Resolution Proceedings (UDRP) and Anticybersquatting Consumer Protection Act (ACPA) actions are generally directed at cybersquatting and typosquatting of domain names, not path extensions in particular domain name spaces. (And I hasten to add that I have not researched this point. I would be curious to know if anyone is aware of an ACPA action against use of a mark in a URL path, as opposed to a domain name. Trademark types might review the definition of "domain name" in the Lanham Act under 15 USC 1127 and consider its import. The ACPA is at 15 USC 1125(d).) So much for "legal" remedies.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Winthrop & Weinstine, P.A. | Attorney Advertising

Written by:

Winthrop & Weinstine, P.A.
Contact
more
less

Winthrop & Weinstine, P.A. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide