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So you have registered a domain name, what do
you own?
Registering a domain name, gives you the right,
in the first instance, to the domain name. The right is
exclusive in the sense that only one person (in the legal sense
which includes corporations, partnerships, trusts, etc.) can hold
a registered domain name. Once you are successful in registering
the name, it is to the exclusion of others.
Having a registered domain name does not
however mean that you have a right to use or protect the name. Use
of a registered domain name may still constitute a breach of a
trademark or may constitute the tort of "passing off".
Generally this may occur where your use of a domain name takes
advantage of the tradename or goodwill of another person.
In obtaining a domain name for use in your
business, it would be prudent to conduct searches to determine
whether the use of the domain name may constitute a breach of a
trademark or passing off.
Domain names may be acquired generally for 2
reasons: for use as a link to a website; and for resale. It is
more likely in the first case that you may run afoul of someone's
trademark or tradename. In the second case it is arguable that you
are not making use of the trademark and therefore are not
infringing a trademark. There are recent cases however that
suggest that the holder of a trademark will also have the right to
the corresponding domain name. Based on this line of cases, you as
the registered holder of a domain name could be legally forced to
transfer the domain name to the holder of the corresponding
trademark. These cases appear to be a reaction to domain name
opportunists who register domain names corresponding to well-known
trademarks with the intent of reselling the domain names to the
trademark holder at an excessive profit. This latter
situation is to be distinguished from the case where a person
acquires a domain name for legitimate use in that person's
business and the domain name turns out to be valuable to another
person. An infamous example of this situation was the acquisition
and ultimate sale of the domain name "pga.com" by the
Potato Grower's Association to the Professional Golf Association.
The mere registration of a domain name may not
give you any right to use the name. Further, the registration of a
domain name may not protect any goodwill that you develop in
respect of the name. It is still recommended that traditional
approaches be taken in selecting, using and protecting tradenames
even where the tradename is a domain name.