Trademark, UDRP & Staying Legal While Buying Domains

There’s a point that pretty much every domain investor hits at some point along their journey.

When you first start, it’s exciting. Names are jumping out at you left and right. You’re recognizing patterns. Coming up with ideas. Words. Brand concepts. Stuff that could be valuable one day.

Then all of sudden, usually after registering your first couple domains, a question pops into your head:

“Wait, is this actually safe to own?”

And the moment you ask that question, it changes things. Suddenly you’re faced with a choice.

You can either learn why that question matters….

….Or you can ignore it and hope for the best.

Hint: Those who ignore it usually don’t end up very happy.

So let’s get into it.

I want to talk about how you can stay legal while buying domains.

The Lowdown on Staying Legal with Domains

First thing’s first: Don’t fear the question.

When it comes to domains and trademarks. Law, business, there’s always going to be something you don’t know.

But that doesn’t mean you shouldn’t learn.

You should learn.

The domain industry is founded upon opportunity, not risk. The more you know, the more opportunities you’ll see.

Understanding how legality works in the domain space allows you to operate freely. Without constantly worrying about what names are “safe.”

Simple as that.

How To Stay Legal

Let’s start with an important distinction:

Domains only become problematic when they infringe on someone else’s brand.

Brands are generally protected by something called a trademark.

Sounds fancy, but it just means someone put in the work to create a distinguishable name for their business. Something they can “legally” say is uniquely theirs.

When it comes to domains: If you register a domain that directly conflicts with an existing trademark, you’re going to have issues.

Obvious example:

You register GameStop.com even though there’s already a GameStop business.

The problem here is obvious. You’re trying to use a domain that’s clearly linked to their brand.

Now let’s compare that to a safer alternative:

GameLeap.com

Who knows what GameLeap is? It could be something related to gaming. It could be something completely unrelated.

Point is, there’s no immediate red flag.

That’s what you want when buying domains.

Quick Legal Safety Snapshot

How Beginners Get Trapped

When people run into trouble (especially beginners) it’s usually not because they’re intentionally doing something wrong.

It’s because they see an opportunity and go for it.

Domains that sound too familiar can often feel too good to pass up.

They’re catchy. They sound like brands already. Which makes you think they would sell quickly.

But just because a domain feels familiar doesn’t mean it’s safe to own.

Remember:

If a domain feels like it could be confused with an existing brand. It probably can be.

UDRP Explained (Without Putting You To Sleep)

UDRP stands for Uniform Domain-Name Dispute-Resolution Policy. Kind of a mouthful. But here’s the concept behind it, plain and simple:

Let’s say you buy a domain that infringes on a company’s trademark. They have the ability to file a UDRP claim to get your domain taken away from you.

Essentially, if a company owns a trademark, your domain better not conflict with that trademark.

Plain and simple.

Enough About Staying Away from Legal Problems

When does a domain become “too similar” to an existing brand?

When you can clearly tell it’s trying to impersonate them.

When it’s trying to ride on their coattails.

When someone sees that domain and thinks “Wait, is this connected to [that company]?”

Pretty soon you’ll start seeing potentially trademark-infringing domains and immediately know they’re out of bounds.

The good news? When it comes to domains, you don’t have to operate that way.

There are PLENTY of safe names to register.

Safe names that are just as good.

Look for domain names that don’t mimic existing brands. Instead, allow you to build your own.

Why You Should Care About Staying Legal

As I said before, domain names don’t become a problem until they begin infringing on an existing brand.

That means if you never buy domains that DO crossover, you’ll never have to worry about UDRPs or legal trouble.

It’s as simple as that.

How to Tell if Your Idea is Legal or Not

Doing your due diligence before spending money on a domain doesn’t have to be complicated.

Here’s what I recommend:

Make it a habit to search for the name before you register it.

Google it. See if there’s a registered trademark. Or company already using that name.

Sure, it might take some extra seconds. But if there’s a business out there with the same name, you’ll know about it.

And if you find yourself registering a bunch ofTrademarkInfringing.com domains…maybe reconsider your hobby?

Staying Legal Is Easier Than You Think

I’ll let you in on a secret:

The safest domain names are often the most generic ones.

Generic domains are huge. They’re safe to own. And they can be leveraged in hundreds of different ways.

Not to mention you can even build your own brand around something generic.

Safe ≠ Weak

Hey, I get it. Seeing a cool domain name and knowing you can’t register it can be frustrating.

I’ve been there.

But just because a name feels too closely related to an existing brand doesn’t mean you should own it.

Here’s the thing….

Domains that are “safe” to own are often stronger than ones that may lead to potential legal headaches.

Plain and simple.

Businesses WANT brandable domains.

They don’t want to have to worry about whether or not their domain’s name is infringing on someone else’s trademark.

Make it easy for them.

How to Stay Legal: Real Life Example

Let’s pretend you came across this domain:

BrandNameReplica.com

Looks like a brand already, right?

I know it does to me.

I know I’d want to Google it to see who owns that name before I clicked the register button.

Turns out there’s already an established company with that name.

And even if you decided to register it, you’d constantly worry about them sending you a UDRP.

Instead of hunting for domains that could cause you issues later on. Why not hunt for domain names that don’t infringe on anyone’s trademarks?

There’s an endless supply of them.

When in doubt, Google it.

Does your domain name spark images of an already existing brand? You’ll know.

Learning to spot potential trademark infringements takes time. But once you get the hang of it, you’ll see every random domain through a new lens.