All ecommerce domain names qualify as a trademarks. Trademarks offer a protection to ecommerce merchants to prevent copy cat sites from arising and stealing traffic. Therefor, if someone else establishes a name for their site that is similar in words and phrases to yours, it is possible to stop them from using it. However, when domains use common words, phrases, or adjectives, the initial owner will have less rights for protecting their trademarked name.

It is important to recognize trademark/copyright rules, as infringement can result in the loss of your site or a law suit. Sometimes, trademark violations occur on accident, as a strange coincidence. Time and money spent to market your website will be lost, if your site is caught using a trademark protected domain name. In order to prevent problems in the future, it is a good idea to find out whether your desired trademark is available, before settling on a name.

Dozens of companies have been approved to register domain names. You can find a list of them at the ICANN site. Entering your desired domain name into a registrars site will activate a search system and tell you whether or not the name is available. If your desired domain name has already been registered, it might still be for sale. Using the directory on Whois.net should provide contact information for the current owner.

Sometimes people registers the trademark name of a business that is not yet online in efforts to sell that domain to the company at a later date. This is an unethical and illegal process known as cybersquatting. Trademarked company names are protected. Therefor, they should not be registered online by an unauthorized individual who seeks financial gain by reselling them to their rightful owners. If a conflict between an internet domain name and an existing trademark does exist, courts and arbitrators generally side with the trademark owner. The Anticybersquatting Consumer Protection Act fights against cybersquatting to protect household names.

If you own a physical store, and plan to incorporate an ecommerce site in the future, you can file an “intent to use” trademark application before actually starting your website. This is one way to protect your business and avoid any trouble related to trademark/copyright infringement.