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2008.06.23

Protect Your Domain Name Real Estate

It is an exciting time to be alive.  Similar to the land rush of the 19th century, the domain rush has made millionaires, and even billionaires, out of those who had the insight to be the first to register.  And the rush is far from over.  New domains are being registered every day, and new innovations and fortunes are still being made.  But domain names are not property in the strict sense of the word.  That is why it is important for individuals and business owners to register their personal names, business names, trademarks, and service marks, and why it is even more important to protect those domain names from cybersquatters, pirates, and thieves.

VeriSign’s Domain Name Industry Brief for 2008 states that 14 million domain names were added in the first quarter of 2008, an indicator of steady growth for the internet.  162 million domain names were registered during the first quarter, which is 26% greater than this time last year.  The growth rate of 2007 has maintained into 2008.  But like all scarce items, domain real estate operates under the laws of supply and demand.  When property, or even intellectual property, is scarce, those who seek to profit from that scarcity will go to great, and even illegal, lengths to get their hands on it.  That is why it is important to protect your trademarks and personal name from cybersquatting and typosquatting through active monitoring.  Additionally, if you believe that you are sitting on a lucrative domain, it is important to contact an attorney that is experienced with domain name sales and transfer agreements, because selling a domain name isn’t like selling an apple or other tangible piece of property.  There are many pitfalls that could leave you empty handed, such as trademark infringement or other bad faith actions, but they are easily avoided with the help of a competent domain name attorney and some good legal drafting. 

If you believe you are a victim of cybersquatting, typosquatting, or other domain name abuse, or if you need advice and aid in selling your valuable domain, give us a call or send us an email.

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