AN EXPENSIVE
LESSON - Avoid
the mistake that put an online business out of business.
Just this morning I heard a radio
advertisement for the new "dot" domain names. The "come
on" contained in these advertisements is that many names
that have been taken under "dot com" addresses are available
for registration under the new extensions. If you missed out the
first time, you can still get that "hot" name with the
new extensions.
This really brings to light a
very common problem that I have seen over and over again with
startup Internet businesses. The business owner registers the
domain name, spend a lot of money having graphics and web pages
designed, spends money to have the site marketed, on an off line,
then sits back and waits for the checks to roll in. And sometimes
it actually happens. There are a lot of small online businesses
out there making very respectable livings on the web.
But just when everything looks
great, the shoe drops. A nasty letter or E-mail is received from
some law firm with some official sounding names on the letterhead,
informing the business owner that the name being used infringes
with the trademark of his or her client. Unfortunately, it is
at that point that many small businesses decide to do a trademark
search. And sure enough, some company in California, or Utah,
or Washington has been using the name since before the Internet
was even conceived.
This can mean the death of many
small companies. Once name identification is established with
the name, changing business names and domain names can be devastating.
This can all be avoided by taking
the simple step of ordering a trademark search before you put
money behind marketing a domain name. Just remember one important
fact. Trademark rights arise upon USE of the name NOT upon registration
with the Trademark Office. If you really want to avoid problems
in the future, a complete common law search needs to be performed.
Many owners of startup businesses
cringe when you mention another expense. But the modest fee for
a common law search is nothing compared to the devastating affect
not having one performed in advance can have on your online business.
For more
on Trademark Searches and to find out where to get a trademark
search, click here.
