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Cities, people, brands, works: Avoid these domain names

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Solution

Legal disputes over domain names can quickly become very expensive. A domain name that you want to register should not jeopardize other's rights.

Single regional names or appellations are taboo. This includes districts, cities, communities, states and countries. Regional names that are not protected by law can also impose trouble on a domain name. When you offer goods or services under a specific appellation like "Central Illinois" you goods and services must come from that region. Combinations of region and another word are often unproblematic as long as they do not create the false expectation that goods or services originate in that region. For instance would "chicago-hotel.com" not infringe other's rights if the hotel is located in Chicago. If it is located in Kankakee south of Chicago however, running its website under the "chicago-hotel.com" domain could be considered illegal.

Personal names are also taboo, unless they are yours. If you want to create a private fan page for your hit singer idol you should better get your idol's consent before you name your domain after her or him. For sure you must never register a domain name with the first and last name of another person, your own name excepted - if that is still available at all.

The same applies to registered brands (registered trademarks). Avoid domain names that incorporate a registered brand or look or sound similar to a registered brand. Small deviations of a single letter will sure be seen as confusing by courts. Even similarities in the sound of a spoken name - while it may look totally different from the registered trademark in writing - can lead to expensive legal disputes and the loss of the domain name. You will also become liable for damages that your trademark right infringement causes to the trademark owner.

Finally, you should also never register a domain name that is similar to widely known works, e.g. names of newspapers, magazines, books, tv shows or movies. This does not only hold for frequently used domain endings like .com, .net, .org, but also for rarer ones like .tv, .art and others.

 

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