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August 6, 2004
Follow up on domain name legal questions
Steven Cohen and I had a wonderful conversation today about some of the legalish questions I had about domain name ownership. Steven ran it by a lawyer he works with, and got me a few answers.
In terms of whether or not a publishing company can use a domain name, say, as the title of a book, really depends on a few things. (Steven, please correct me anywhere I'm wrong.) If the domain is being actively used to point to a site that is somewhat established, and the owner of the domain can prove that the publishing company is losing them hits or money, or somehow defaming the owner of the domain, then the publisher is wrong for using the domain. Alternately, if the domain name is also registered as a trademark, then the publisher really needs to ask permission before using it, especially for anything like a book title. If the domain isn't trademarked, or if it can't be trademarked per the trademark rules, then anyone can use it.
However, if you own a domain, and you sqat it, and a publisher uses it for something, you don't really have a leg to stand on, since just owning the domain doesn't get you anything.
As far as what the publishing company could really do to make your life "difficult", a lot of it would mean them taking it to court, making you spend money on a lawyer, and splashing your name all over the place (provided that they are reporting facts with your name in them).
So yeah, if you're planning on making money off of it someday, or incorporating, or something, then you can cover yourself by trademarking the domain name, and perhaps the "title" (for example, I'd register "LibraryTechtonics.info" and "LibraryTechtonics", and possibly "Library Techtonics").
Steven made a good point that if someone uses something that sounds like your domain name, then it's almost like an homage to you, or at least free publicity, provided that you like free publicity.
I don't think I'll run out and trademark my stuff.
Although I did have a brief moment of paranoia.
I'm feeling better now.
August 6, 2004 6:44 PM
Comments
Great chatting with you too. Paranoia has no place in the library world. we are all in this together. Let's start acting like it.
Posted by: Steven M. Cohen at August 6, 2004 7:58 PM