Given the unsettled state of the law regarding domain names and trademarks, the following practical advice is offered. It should be noted that the law in this area is constantly evolving and you should consult with an attorney for advice regarding your specific situation.

For Businesses with Existing Trademarks

• Register your trademark as a domain name as soon as possible. The current system is first come, first served. If someone has already registered your trademark as a domain name, consult an attorney immediately.
• Register variations and misspellings of your trademark as domain names. This will prevent others from registering confusingly similar domain names.
• Register your trademark as a domain name in all relevant country code top-level domains if you do business internationally.
• Monitor the Internet for uses of your trademark as a domain name or as part of a web site. Set up regular searches of new domain name registrations.
• If you discover that someone has registered your trademark as a domain name, act promptly. Delay may affect your rights.
• Consider filing a complaint with NSI under its Domain Name Dispute Resolution Policy. While this policy has limitations, it may provide some relief.
• Consider litigation if NSI's dispute resolution policy does not provide adequate relief.

For Businesses Seeking to Register a Domain Name

• Before registering a domain name, conduct a thorough trademark search to ensure that the name does not infringe on existing trademarks. Check federal trademark registrations, state trademark registrations, and common law trademarks.
• Choose a domain name that is related to your company name, product name, or service name. Avoid choosing a name that is identical or confusingly similar to an existing trademark.
• Consider registering your domain name as a trademark. This will provide additional legal protection.
• Keep records of your use of the domain name. This may be important if someone later challenges your right to the domain name.
• Be aware that registering a domain name does not give you trademark rights to the name. You must also use the name in commerce to acquire trademark rights.

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