Choosing a Domain Name that Doesn't Infringe

In order to understand to choose a domain name that doesn't infringe on another's trademark, it's necessary to understand the basics of how a trademark works.

• A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.


• Trademarks legally conflict with each other if the use of one trademark causes confusion as to the product or service being offered, or as to the source of the products or services being offered.


• Whoever used the trademark first owns it, and any subsequent users who cause confusion as to the products or their source will be forced to stop using the mark and may have to pay the trademark owner damages.

Thus, when choosing a domain name that doesn't infringe on anyone else's trademark, you need to choose a word, phrase, symbol or design (or combination of these) that identifies your products and won't confuse potential customers.