What is Intellectual Property and Copyright law?

 February 14, 2013 – 03:10 pm
Instead of all those texts

By Dominic Higgins

Branding

If you have a catchy business name or an established customer base; you will probably want to legally protect your brand. This is to prevent it being “hijacked” by other businesses that could poach your customers and damage your reputation.

Names, slogans, jingles and other representations of a brand can be protected under the Trade Marks Act 1994. You can take enforcement action if a business providing similar services to you uses your trade mark, or something resembling it, in a way that could cause the public to confuse them with you.

Trade mark and domain name registration are separate processes. So registering the domain name “ does not entitle you to the trade mark “rainbow media” if someone else got there first. Similarly, owning the trade mark “rainbow media” does not give you exclusive rights to “ or similar domain names. However, you may be able to prevent other businesses using such domain names if they are providing similar services to you and therefore breaching your trade mark rights.

This is a developing area of law and in the event of clashes between domain names and trade marks, many business opt to resolve their differences through negotiation. Some domain name registries like Nominet provide mediation services for this purpose.

Source: New Media Knowledge - Articles

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