Names and slogans for products, companies and services are typically protected by trademark law, and trademark rights can come into being by mere use, without any registration required. These so-called common-law trademarks are better than no protection at all, but they are no substitute for a registered trademark. Among other things, the date of first use for a common-law trademark can be difficult to prove, and such trademarks are often limited in geographic area.
Indeed, as a recent UDRP decision demonstrates, failure to register a mark (or clearly document common-law trademark rights) can prevent companies from obtaining rights in domain names which are critical to their business. In the above case, Umpqua Investments Inc. could not show that its rights to the domain name strandatkinson.com were superior to those of an alleged cybersquatter, even though the squatter failed to respond to the UDRP action.
For an online company, where a single domain name can be focal point for the entire business, that could be a devastating loss. If you haven’t already, consider registering trademarks for names or slogans which are critical to your business.
Hat tip: internetcases.com
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