Property in the World of E-Business: Trademarks, Trade Names and Domain Names By; Pamela Baker Due; November 5, 2012 LAW/421 - CONTEMPORARY BUSINESS LAW Instructor: THOMAS WILSON An e-business is to intellectual property as a restaurant is to the land it is occupying. Intellectual property is a collective term that embraces trademarks, trade names, domain names, copyrights and patents. In this paper we will address the basic understanding of intellectual property and how it is associated to each other and how they are used in the virtual world.
The trade in the world today has changed. A person does not have to leave the house and visit a merchant to receive the items that they need or want. Most products today are right there at the edge of your fingers. Because the world is changing though the use of new technology, a person has to be familiar with the laws associated with the e-businesses, cyberspace, or the virtual world as a whole. Laws were pasted for the protection of us all. The virtual e-business world is in general governed by the same laws and principles of the traditional brick-and-mortar businesses.
Forms that embrace the intellectual properties used in the cyber world are Trademarks, trade names, and domain names copyrights and patents. An e-business still faces some of the same issues as any other business. Issues such as security risk, hackers, concerns privacy and ethical concerns. FORMS OF INTELLECTUAL PROPERTIES E-Businesses are identified in the business world though the use of trademarks, trade names, and domain names. Trademarks, trade names, and domain names are all a form of intellectual properties.
Trade makes and trade names are used on the net in a similar fashion as they are uses in brick-and-mortar businesses. Domain names is the arrangement of words, phrases, letters or other characters that is located on the systems keyboard that recognizes a explicit computer or network on the internet and serves as the address through which users can have use of the information stored in that explicit computer or network. Trademarks or brand name identifies the goods that you produce or sell, and it differentiates your goods from your competitors.
A service mark achieves the same purpose foe sell of a service. A "trade name" is any name that is used by someone to identify his or her business, instead of his goods or services. A trade name/corporate name, which is the legal name adopted by a corporation, it can be a “fictitious name" or "assumed name. BUSINESS IDENTIFICATION DOMAIN NAMES “Domain names are assigned by a registration authority and consist of a top-level domain (TLD) and a second-level domain (SLD). There are two different types of TLDs. The first is a TLD that is assigned through ICANN-accredited registrars, i. , . com, . net, . org, . gov, . edu, . biz and . info (others are coming soon). The second type is the individual country TLD, which is administered in each country by a government agency, self-regulatory body or private contractor engaged to handle the administration in a particular country” (McDermott Will & Emery) (2012). The purpose of a domain name is to serve as an address in the virtual space of the net and to separates domain names from other uses of intellectual property. Domain names can be similar to other trademarks and trade names.
E-businesses can lengthen the use of their domain names into the old dominion of marketing and identification. ISSUE POSSIBILITIES When used in an e-business as a service mark, trademark or trade name, domain names can be applied to the same principles as the traditional forms of intellectual property. A domain name that consist of common words or phrase for the goods or services being sold will not be protected as a trademark or trade name in most jurisdictions, such as cars for sale. There are many e-business that sell cars.
With the use of an e-business through the net just as a traditional business one is faced with the possibility of a person gaining information about your clients and the operations itself by hacking into your systems and retrieving personal information. One also must consider the different culture you will reach though the net. When you have an e-business that reaches across the world you are obligated to abide by the laws of that region. This is where one can run into ethical issues. One must always try and remember to embrace diversity, learn from different culture and to respect those differences.
To prevent competitors from using similar domain name to that of your e-business, select a descriptive term for your goods or business and register all variations of the domain name in order to prevent others from registering similar domain names. Be prepared to file applications to register your trademarks in countries that you hope to draw new customers for your business. The virtual e-business world is in general governed by the same laws and principles of the traditional brick-and-mortar businesses.
Forms that embrace the intellectual properties used in the cyber world are Trademarks, trade names, and domain names copyrights and patents. Trade makes and trade names are used on the net in a similar fashion as they are uses in brick-and-mortar businesses. Domain names is the arrangement of words, phrases, letters or other characters that is located on the systems keyboard that recognizes a explicit computer or network on the internet and serves as the address through which users can have use of the information stored in that explicit computer or network.
An e-business and the traditional business still face the same possible issues. Remember to protect yourself and your business by respecting the laws in place to protect us. REFERENCE PAGE Intellectual Property in the World of E-Business: Trademarks, Trade Names and Domain Names McDermott Will & Emery, 2012http://www. mwe. com/publications/uniEntity. aspx? xpST=PublicationDetail&pub=4953