• http://www.pacelegal.com.au pacelegal

    Good article
    However I think that you have to bear in mind that you can’t simply choose between copyright, patent protection, trademark protection or domain name protection. Trademark excludes things which are patentable (or should). Anything that is functional is (in theory) not patentable. The shape of something could be able to be trademarked (as in the Phillips case) but can’t be both patentable and trademarked which is what Philips tried to do.
    Copyright has the function of protecting expression not the underlying ideas (although there is a very fine line in practice)
    Also, you can use poor man’s copyright to establish prior ownership of copyright in a website or website page, or use a register which isn’t necessary for copyright to arise as copyright arises automatically although in terms of ownership disputes it can help in proof of ownership.
    Trademarks have the function of indicating source or origin (trademarks are also permanent)
    Patents are acquired through registration and are divided into two forms
    (fixed term)
    There are other measures besides legal ones to protect things and the quasi legal measures should be part of the strategy. As you point out tineye is a useful tool in at least detecting online infringing uses of digital artwork.
    Finally domain names aren’t susceptible of ownership.
    Ownership of a domain name is a revocable licence or permission as opposed to having the legal status of property. Other than that it is like property but the only court to characterise it as property is the sex.com Court in 1995.
    However you are always vulnerable to having your ‘ownership’ (in a loose sense) revoked by the licensor, seized by the Government or claimed by a trademark owner asserted rights in UDRP proceedings or litigation in court proceedings, particularly under in rem proceedings under the Anti-Cybersquatting Protection Act.

    It is common to describe

  • http://MillerMosaicllc.com Yael K. Miller

    When you say “You should also consider buying the domain names everywhere for your core products and services.” do you besides domainname.com you should also buy the other extensions?