Can I use the company name of another business as a domain name for my website?
September 27, 2023 | 50,00 EUR | answered by Carsten Schlüter
Dear lawyer,
My name is Alwin Weidmannsdorf and I run a small business in the field of interior design. I recently discovered that the company name of another business, also operating in the field of interior design, is available as a domain name. I am now considering whether I can use this company name as a domain name for my website to strengthen my online presence.
My concern is that I may be infringing on trademark law if I use the other company's name as a domain name. I do not want to risk any legal issues and would therefore like to know if this is legally permissible.
I have already done some research, but I am unsure if I have interpreted the legal aspects correctly. Can you please advise me on whether it is legal to use another company's name as a domain name? Are there any possible alternatives that I should consider to strengthen my online presence without violating trademark law?
Thank you in advance for your support and I look forward to your expertise on this matter.
Sincerely,
Alwin Weidmannsdorf
Dear Mr. Weidmannsdorf,
Thank you for your inquiry regarding the use of another company's firm name as a domain name for your website in the interior design industry. As an attorney specializing in trademark law, I understand your concerns and would be happy to provide you with detailed advice on this matter.
First and foremost, it is important to understand that trademark law is intended to protect the identity of companies and products. A company name can be protected as a trademark if it serves as a distinguishing feature for the goods or services of the company. In your case, it is crucial to determine whether the other company's firm name is registered as a trademark.
If the firm name is registered as a trademark, using it as a domain name could constitute a trademark infringement, as it could lead to confusion or associations with the other company. In this case, it would be advisable to obtain permission from the owner of the trademark before using the firm name as a domain name.
Alternatively, it may be possible to use the firm name as a domain name if it is not registered as a trademark and there is no risk of confusion with the other company. However, it would be recommended to seek legal advice to ensure that you are not infringing on the rights of third parties.
There are also alternative ways to strengthen your online presence without violating trademark law. For example, you could choose a different, unique domain name that better represents your brand and company. Through targeted online marketing and search engine optimization, you can increase traffic to your website and improve your online visibility.
In any case, I recommend consulting with a trademark attorney to carefully examine your legal situation and minimize potential risks. I am available for further questions and personalized advice.
I hope that my explanation is helpful to you and I am at your disposal if needed.
Sincerely,
Carsten Schlüter
