Brand names and domain names – Difficult Internet bedfellows?

by Emmanuelle Haincaud

Most brands are present on the Internet. It is obvious that the closest the domain name (website address) is to the brand name, the easier it will be found on the web. Unfortunately, for brand holding corporations, it isn’t always easy to name their website using their brand name because the domain names aren’t always available. A domain name must be registered with the competent authorities to have the right to be used exclusively. But registration works on a first…

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Can a word be trademarked as a brand name?

by Emmanuelle Haincaud

A brand name isn’t necessarily a neologism. It isn’t rare for a word to be used as a brand name (ex: Apple, Windows, Bonobo, etc.). This can lead to legal issues when this word is used by another brand for one of its products. Is this a word and therefore everybody can use it or is it a protected brand name? The general principle, known as “the Principle of Specification”, is that a word, a household name can only be…

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