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Trademark Registration Trumps Domain Hijack

Facts: Our client was a manufacturer and online retailer of consumer audio products. He came to us when someone had copied his web-site onto a very similar domain name and was taking all his online business away. Since the web-site layout, navigation and copy had been altered it was difficult to say that there was any breach of copyright (although it was pretty clear that copying had taken place). What was much more significant was that our client’s url was highly registrable as a registered trademark although it had not yet been protected by trademark registration. So we immediately filed a trademark and attacked the infringer on the basis that his url, which was similar to, but not the same as, our client’s url, nevertheless incorporated our client’s trademark and was therefore a trademark infringement. The infringer was compelled to stop using the url which made his competitive efforts much more difficult and we were able to obtain a written undertaking from the infringer agreeing to cease use of the competing web-site since it was not really worth his while to carry on without being able to use the trademark.

Moral:  The way you retain your Google traffic is to chose a registrable name, incorporate it in your domain names and protect it by way of trademark registration.
If you have a query please contact us today, our specialist lawyers will be pleased to help.
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