Is it Infringement if Someone Buys a URL with my Company’s Trademark?

This article will help you understand under what circumstances buying an existing company’s trademark as a domain name constitutes as infringement and how to avoid infringing upon an existing trademark when purchasing a domain name.

The Internet has brought about a revolution in the online business world. The commerce industry is getting globalized by the day and the web has become an indispensable part of it.

Companies are promoting their services with the assistance of the internet. From the establishment to the promotion, the Internet operates as the cornerstone of every firm.

As the number of websites goes up, the disputes related to URLs also amplify. There are many laws and rights associated with URLs and trademark infringement.

Function of a URL

A URL, particularly a domain name, is used as the address and identity of a website. It facilitates the promotion and protection of the business worldwide.

A URL can be considered to function online akin to the role of a trademark offline. A registered domain name increases the access value of the website business and is highly beneficial for broadening the reach. The better the URL, the better is the profitability of the site.

Trademark infringement

There is much misleading work that goes into the selection of URLs. Website owners create highly sceptical domain names causing trademark infringement lawsuits.

A URL is considered illegal if:

  • It has a confusing reference to an original trademark
  • The owner has no interest in respect of the domain name
  • The domain name is used in bad faith without registration

If a company selling drinks creates its domain name as “”, then it is highly likely that Coca-Cola would file an infringement letter against it, the reason being its use of Coca Cola’s trademarked word ‘Coke’.

Registration of a domain name

A domain name can be registered and protected from infringement. It should be able to identify the goods and services offered by the website and also work as a dependable resource locator.

With the advent of increasing number of business websites, the registration of a proper domain name has become a very crucial aspect of the process.

A confusing or misleading domain name can be subjected to litigation.

Diligent research for a domain name

For the domain name to acquire immediate protection, it is required to be free of any deceptions and resemblance to original trademarks. Thus, a thorough research is essential for the following reasons:

  • To find out any similarities or likelihood with any existing trademarks
  • To come across any potential for lawsuits of infringement
  • To discover the feasibility of business expansion

Protection of Domain Name

The Indian trademark law records various requirements for a domain name to attain protection. Once attained, the domain name enjoys protection across the entire country under the Trade Marks Act 1999.

Since an ample number of companies and businesses race to set up their online market, the call for a protected URL is higher than ever. Therefore, it is recommended to conduct a proper research and come about with a truthful and explicitly unique domain name to achieve protection.

As the Internet facilitates business expansion across the world, it also increases the probabilities of disputes and legal wars. Therefore, it is recommended to go for an exclusive URL and stay secure from infringement dangers. Buying a trademarked URL is a matter of infringement.


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