COMPETING FOR DOMAIN NAMES IN THE COSMETIC INDUSTRY 413 exposing them to damages as much as $100,000 plus reasonable attorney fees for their wasted efforts. The last takeaways are as follows: Buying, selling, and monetizing domain names are not unlawful activities. If the most desirable domain name is held by a party with priority, “be creative” in choosing the right moniker that works both as a trademark and a domain name. When deciding on a trademark always make sure the domain name is available fi rst. When deciding on a domain name always make sure the trademark is available. And, fi nally, this area of the law is very specialized. Consult counsel with trademark and Internet knowledge to be sure you are right. Gerald M. Levine is an intellectual property and Internet attorney. He is the author of the newly published and highly acclaimed defi nitive guide, Domain Name Arbitration: A Practical Guide to Asserting and Defending Claims of Cybersquatting. The book is available from Amazon.com and Barnes & Noble. “It is an important and incredibly helpful guide for trademark owners, domain name registrants and their legal representatives,” Doug Isenberg, Domain Name attorney and UDRP panelist. The E-book edition is available from September 1, 2015. Purchasers of the book will also have free access to the ongoing supplement.
Previous Page