Posts Tagged ‘Domain’

Bound by Law?: Tales from the Public Domain, New Expanded Edition

ISBN13: 9780822344186
Condition: New
Notes: BRAND NEW FROM PUBLISHER! BUY WITH CONFIDENCE, Over one million books sold! 98% Positive feedback. Compare our books, prices and service to the competition. 100% Satisfaction Guaranteed

Product DescriptionA documentary is being filmed. A cell phone rings, playing the Rocky theme song. The filmmaker is told she must pay $10,000 to clear the rights to the song. Can this be true? Eyes on the Prize, the great civil rights documentary, was pulled from circulation because the filmmakers’ rights to music and footage had expired. What’s going on here? It’s the collision of documentary filmmaking and intellectual property law, and it’s the inspiration for this comic book. Fol… More >>
Bound by Law?: Tales from the Public Domain, New Expanded Edition

Public Domain, The: How to Find and Use Copyright Free Writings, Music, Art & More

Product DescriptionNeed content? It’s free for the taking!
Even though you’ve always been told otherwise, writers and artists can copy other people’s work and get away with it. How? By dipping into the public domain, where everything is free for the taking.
The Public Domain is the only book that helps you find and identify what creative works are protected by copyright- and what’s not. The book provides specific information about:
writings music art … More >>
Public Domain, The: How to Find and Use Copyright Free Writings, Music, Art & More

The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More

ISBN13: 9781413312058
Condition: New
Notes: BUY WITH CONFIDENCE, Over one million books sold! 98% Positive feedback. Compare our books, prices and service to the competition. 100% Satisfaction Guaranteed

Product DescriptionNeed content? It’s free for the taking!
Even though you’ve always been told otherwise, writers and artists can copy other people’s work and get away with it. How? By dipping into the public domain, where everything is free for the taking.
The Public Domain is the only book that helps you find and identify what creative works are protected by copyright — and what’s not. The book provides specific information about:
writings mus… More >>
The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More

Does Your Domain Name Need to be Registered as a Trademark?

Once you register a domain name, others cannot use it as their web address. A domain is a lot like a street address or location on the Internet. However, this does not automatically mean you can register it as a trademark protected by the federal government for your products and services. Whether it can also function as a legally protectible brand that adds value to your business depends on what you choose, so choose wisely.
The answer often depends upon whether you have chosen to market your products or services under a generic or highly descriptive domain. Generic and descriptive terms are not normally protectible as a trademark. A great example is which spent a fortune in 2007-2008 trying to convince the Trademark Trial and Appeal Board and Federal Circuit that it has acquired secondary meaning in the domain. They failed because no matter how much they promote or market the term, it will still be generic for what the consumer finds at the site.
On the other hand, valuable brands on the Internet are not generic and descriptive. A domain such as EXPEDIA.COM is registered and protected as a strong trademark because the owner actually provides services through the website. EXPEDIA may suggest but does not describe what is being offered at the site. GOOGLE, EBAY, and AMAZON are all domains turned famous trademarks because their owners not only registered the term as a domain, but chose a term that could also be distinctive for trademark purposes.
If you are going to invest money into creating and promoting a website, you should adequately protect the domain name as a trademark. It is insufficient to simply secure a domain name registration and in some cases can be fatal. One of my clients was sued by Amazon over his use of for computer services. He innocently registered the domain and put up his site with a picture of the Amazon River. At about the same time, Amazon.com established its site and was selling only books. Because he failed to stake out his claim to the term for computer services by securing a federal trademark, Amazon turned into a trademark bully and sued him 10 years later. He was forced to sell for a fraction of what it was worth, as he could not afford to fight the lawsuit.
Once you have a term in a domain that qualifies as a trademark, the key requirement is that you offer goods and services for sale, not merely provide an informational site. An informational site describes you and what you do or sell, but does not actually deliver services or products online. For example, an attorney was refused registration of WWW.EILBERG.COM because the site merely showcased his services.
If you provide services online through your site, the Trademark Office will grant registration. For example, the ability to sign up for courses or workshops online is a service.
Other examples of registerable websites include online banking services, online chat rooms, online retail services, real estate marketing services with virtual tours, and hosting web sites of others.
It is up to you to decide. I believe if one is going to spend the money to market and promote goods and services online, it is wise to have a term that can be protected as a trademark as well as a domain. Whatever you decide, choose based upon an understanding of the difference between the two.

Choosing a Domain Name – 10 Essential Tips to Get it Right

When choosing a domain name, there are certain rules you must follow, if you want to get the right one. It is not rocket science – some basic analysis will determine if the domain will be valuable or not. By sticking to the following 10 guidelines, you will be sure to have a head start over your competition.
1. The domain name is inherently searchable. If a commonly typed search phrase exactly matches the domain name, it will be of higher value.
2. The market type. Depending on the current PPC rating, the niche or the mass market, a particular domain name may have a higher value. Free tools are available to determine the PPC rating, for example through Google.
3. The history of the domain name in terms of revenues and how long has it been registered. Old domains have this advantage over newer ones in that the search engines rank websites based on the keywords and when they find similar ones, the older ones get the preference as they are supposed to be more trusted. If the site was registered for a long time, tools are available to find out what it contained initially. If its contents were related to the domain name, this is always an advantage.
4. The domain name is a common word and is easily pronounced.
5. The domain name can be exploited to create brand recognition – although you must always be careful not to infringe copyright.
6. The domain name is easily memorable.
7. The domain name is short. The best names are are usually the shortest ones, particularly the two and three letter domains. These are getting harder to get, but if you concentrate on expired domains, there are still opportunities.
8. For already registered domains, if there is current revenue from Affiliates/Parking etc, this will make them valuable. The higher the revenue they generate, the higher the value.
9. Is the domain name registered with popular search engines? It is possible to find out a website’s current indexed position with a particular domain name.
10. The number of backlinks, i.e. links pointing to the website from other sources. This is an important factor used by the main search engines to rank websites. Finding out how many back links that the domain has currently and checking if they add to the value to it from the viewpoint of the search engine gives a further insight into the usefulness of the domain.
In some ways, there are no fixed rules that say this domain is better than that one. As they say, one man’s drink is another man’s poison. Having said that, if you follow the 10 rules above, you can take the guesswork out of choosing the right domain name.

Selecting Domain Names

When you consider Web hosting for your new website then you need to figure out creative yet memorable domain names. Domain names offer a wonderful way to harness creativity to beat the competition. If you’re new to the online world you would have spent hours using the DIY site builder to create a wonderful web design. Would you do with it now? You’d have to get a creative and memorable domain name in order for you to inform the world on how to access your wonderful website.
If you want your domain name to be taken seriously and your website to be well established overtime then you must think clearly and carefully on the kind of domain name you would purchase. The name of an online business makes a lot of difference on generating site traffic as well as creating a thriving business base. Using personalized and expressive domain names can get you started on generating wonderful revenues and driving traffic to your website thereby achieving is ultimate aim.
Selecting An Effective Domain Name
While you might have creative ideas on domain names, there are a few things you need to consider. The domain name itself must reflect the ideology behind the website. It might not speak about the content of the actual website but must have the ideology instilled in it.
For example red herring could refer to a dynamic Web design company or a catchy name for a home delivery service. Whatever name you choose it’s a form of self-expression and should be easily recalled. Don’t confuse clients with names like the red herring, red heading, and red herrings. Keep the dense as simple for a good impact and memorable name.
The second thing you need to consider is the length of the domain name. The shorter the better because it is retained in memory faster and can be retrieved without much thought. Avoid using characters like hyphens and do not use a name that can be easily confused with rivals and competitors. Even though the name icebox may be perfect for ice cooler manufacturers it won’t help you if your competitor has a domain name called icedbox because you might end up driving traffic to them.
Keep a few options ready because you do not want to be disappointed when you check for availability of your domain name. It is quite possible that the name has already been taken. In this case you can check out a few extensions for your website which might include .org,.net, for a geographical domain name extension like .co.uk. These offer good options without losing your core domain name.
Purchasing A Domain Name
Once you have selected and check the availability the next step is to purchase the domain name. But make sure you run a trademark search to ensure you’re not breaching any copyright and trademark. You will have to utilize the service of an accredited registrar for domain names.
Generally the web hosting service provider can arrange for the purchase of your domain name. There are no fixed values for registering your domain name and prices can vary 100% to 200% depending on the choice of your domain name. However, a great name will take your website from a starting point to unbounded access and success.

Legal Issue: Trademarks And Domain Names

Trade marks are a name or symbols that are used to exemplify the goods of services of a particular company from others. Identical to copyrights and other signs of observation property, the effects of the trademarks plan is territorial. This means, that each country has its own trademark mold. A monogram name like Machine Head may be owned by one person rule the united dominion further by another, almighty unrelated, fellow predominance the United States. The domain name system, which is putting exceedingly of its emphasis on the .com title as the international domain, does not perfectly colloquialism well with the trade mark form because of the latter’s indispensable force of “ownership.”
An event repercussion point is the Prince vs. Prince Suit. Prince, the US-based manufacturers of sports goods, challenged the use of the www.prince.com domain name by a British computer consultancy cart. The uttered companies registered the domain in fit faith also rest assured been using it. The Prince sports Goods Company, which has no registered UK trademark, threatened to sue the British company for US trademark infringement. The final counter-sued in the UK for the unwarranted threats regarding trademark infringement. They eventually won and the US Company had to contend with right using the domain name.
Alternatively, a different scenario where the trademark owner will most likely prevail over a domain name holder’s rights is in the case of Marks & Spencer vs. One in a Million. This particular case was elevated to the English High Court in 1997 when various trademark holders, including the world-famous UK retailer Marks & Spencer, sued One In A Million, a company who accumulated a number of domain names under the well-known trademarks like Sainsbury’s, Virgin, Marks & Spencer, and Cell net. These domain names, and others, were bought with the express goal of selling them again to the trademark owners. The High Court decided that One In A Million be required to relinquish their claim on the said domain names. This decision was further upheld by the Court of Appeal.