Yes, a domain name can be a trademark, but only if it functions as a brand identifier for a product or service. Merely reserving or registering a domain name with a registrar is not enough to establish trademark rights. To qualify as a trademark, it must be used as something more than just a web […]
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To qualify as a “use in commerce” for trademark purposes, a trademark must be used in a bona fide, ordinary commercial transaction. A token sale , that is, a sale that is made solely for the purpose of creating or preserving trademark rights, does not qualify as “use in commerce.” Sham transactions, such as pretended
No. Copyright may be claimed in website content, but not in a website. A website is a location on the Internet represented by a URL (Uniform Resource Locator) that includes a domain name. Copyrights cannot be claimed in domain names and URLs. Moreover, the Copyright Act does not recognize a website as a type of
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