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How do I protect domain names from domain reverse takeover?

Started by Alex, Dec 06, 2022, 10:31 AM

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AlexTopic starter

About 70 domains currently exist, with 8 being used for ongoing projects and the remainder for future ones. These domains are registered under different zones such as fr, in, com, de, among others. As of now, there are no trademarks that match any of the domain names in the area.
However, reverse domain seizure is a concern - this occurs when a company applies for a trademark after a project has been published, consequently matching or partially matching an existing domain name. Trademark registration is recommended for domain protection, but this can cost around $500 which is a significant amount to spend on each developing domain name.

Despite some claims that it is impossible to register a trademark if there is already a registered domain name with the same display or name, most lawyers assert that the trademark would have priority over the domain name even if the domain was registered first.

With that being said, there are alternative methods for protecting domain names from reverse capture without having to register a trademark. These methods may include constantly monitoring the use of the domain name, keeping records of its usage, among others.
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amansharma1

To secure a domain, you can attempt to register a trademark for it as long as there are no similar trademarks already registered. This can be achieved by paying $xхxx at the domain store, after which you will determine if the process is feasible and how it operates.

The success of obtaining the trademark depends on whether or not there is a uniform rule/law that applies to everyone. If such a law exists, then registering a trademark will be possible. However, if no such law is in place, then pursuing this direction would be pointless according to binary logic.

Aside from trademark protection, the company's brand name (LLC) is also safeguarded by the law. Therefore, creating a legal entity with the domain name's name is a simple method to protect a domain with a good name since according to the Civil Code, this name is protected and has priority over the domain name.

However, comparing the priority of trademarks and brand names is challenging. In case of a dispute, who has something fixed by law (brand name or trademark) and an earlier registration date will likely have the advantage.

Unfortunately, it's no longer unheard of to create a legal entity and claim a domain with that name.
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sinelogixweb

The question remains: how does the registration date of a domain compare to that of a trademark in legal terms?

There's been a common notion that if someone registered a domain before another party established the trademark, then that party could sue for trademark rights. This is because the first person to register the domain came up with the name earlier, making it their intellectual property.
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lpiratehp

It's a constant worry for many of us who rely on our domains to represent our brands and projects. Having around 70 domains, with the majority set aside for future use, we must ensure that our current active domains remain safeguarded from any untoward trademark claims.
It's crucial to understand that while we may feel secure with our chosen domain names, the reality of trademark law can be quite complex. The common belief that having a registered domain gives you rights over it often clashes with trademark laws. Many lawyers I've consulted say that if a company registers a trademark after you published your project, they might have the legal upper hand, even if your domain was registered first. It's quite maddening for a designer who invests time and creativity into building a brand.

While the cost of federally trademarking each domain could reach up to $500, which can quickly add up when you have several domains, there are indeed alternative strategies we can implement. One of the most effective methods I've found is maintaining detailed records of the usage of each domain. Documenting when you registered, the content you created, and how you've used the domain can provide useful evidence if you ever face a dispute.

Additionally, I often monitor any use of my domain name across various platforms and see if new businesses are cropping up that might potentially infringe on my domain. This kind of vigilance can help you catch any possible trademark filings by others before they gain traction. Setting up Google Alerts for your domain or project names can also keep you in the loop about any new developments or potential issues.

Another strategy is to leverage social media presence and SEO to solidify your domain's brand identity. By creating a strong online presence, you can further demonstrate your claim to the domain name. Having an engaged audience can often strengthen your position should any trademark disputes arise.
While the maze of trademark law can be daunting for web designers and developers like myself, being proactive and vigilant can help protect our valuable domains from potential reverse domain seizure. Although trademarks offer a robust form of protection, it's not the only method available to us. By employing smart strategies and staying informed, we can navigate this landscape more effectively.
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