When registering or buying domains, there are some special features to consider. If you do not deal with the possible legal consequences in detail, you may have to expect warnings and claims for damages. When choosing the appropriate domain, points such as search engine optimization, marketing and legal certainty should be considered. We will inform you about typical mistakes and methods for legal protection.
Guidelines for the registration of domains
Anyone who wants to run an online shop or establish an internet presence has to take care of many matters. The registration of a domain is probably one of the most important concerns. A suitable domain suggests seriousness and is the trademark of the homepage. Therefore, a lot of care should be taken when registering and selecting the domain. A memorable domain name will not be forgotten. It should be thematically related to the contents of the website be related. Visitors should be made curious by the domain name: Ideally, it should sound like an iconic buzzword. In order to reap all the benefits in terms of marketing, the domain name should boost search engine rankings. If you run an online shop for smartphones, the domain could be "handy-kaufen.de" or "Handy-günstig-kaufen.de", for example. Many mistakes can be made when buying, registering and using domains. Therefore, you should know the legal pitfalls and protect yourself against any problems in advance.
Preventing legal problems
In general, the above-mentioned points apply. Ideally, a domain should be given a memorable name. If your products or services are exceptionally good, your homepage will be visited anyway. It is much more important that the domain name does not infringe any third-party rights. Legal certainty takes precedence over marketing aspects. If a domain is available and can be registered, this does not mean that there are no third-party rights to a name. For example, if you register the domain "google.com", you would certainly have to expect some trouble. On a legal level, the violation of third-party legal rights can lead to warnings and claims for damages. Costs are almost always incurred in the event of a legal dispute or a declaration to cease and desist. Therefore, you should insure yourself against such risks in advance. In general, legal disputes always revolve around the domain name and not the domain extension. The term "Top Level Domain" refers to the domain ending, for example ".de" or ".com". The domain name is also known as a "Second Level Domain" and can for example be "mobile phone purchase". The composite address would then be "handy-kaufen.de" or "handy-kaufen.com".
Typical errors during domain purchase or domain registration
If you want to register a domain, you do not need to worry about registering your own first or last name. However, Internet projects usually use a thematically related keyword, so some problems may arise. Brand names or company names are always problematic because the respective trademark rights are infringed. In the past, manufacturers have often sued companies that have used their names unused. Domains such as "Samsung-Galaxy-kaufen.de" or "iPhone-kaufen-von-Apple.de" should therefore be avoided as far as possible. The establishment of such domains is only permitted if the owner of the trademark in question gives his consent, i.e. either prior consent or subsequent approval. In most situations, the trademark owner does not ask for it, but directly instructs a lawyer to issue a warning to the domain owner. The latter sends a cease-and-desist declaration and collects the lawyer's fees incurred. Anyone who signs the cease-and-desist declaration and subsequently uses the domain again has to pay hefty contractual penalties. Those who do not sign the cease-and-desist declaration will be sued in court. In the case of trademark infringements, the average amount in dispute can be expected to be 50,000 euros, which is why this risk should not be taken under any circumstances. If you absolutely want to have a brand name in your domain, you should obtain permission from the trademark owner. This should in any case be confirmed in writing. The same applies to the use of celebrity names, films, software, magazines, authorities, cities and state institutions. Under no circumstances should an attempt be made to take over the domain of a well-known Internet project with typing errors. For example, if you register "www.googlee.de", you could expect a considerable number of visitors due to typing errors made by users. However, warnings and cease-and-desist orders also threaten at this point.
Questions of liability law
As far as Liability you can probably guess who is responsible for any infringements, right? But it is not that simple. In principle, the domain holder who is registered as such with the registration service DENIC is always liable. In some situations, however, the question of liability is not so clear-cut. When web hosts provide storage space, they are not allowed to access it for contractual and data-protection reasons. The question then arises as to whether the web host or the user is responsible for the content provided. According to the principles of "Stoererhaftung" (Breach of Duty of Care), the web hoster is only liable if he has to accept responsibility for the misconduct of his customers. This is always the case if he has neglected control or inspection duties. The domain holder must act and report any infringements of rights at the latest when he becomes aware of them. As a rule, the examination of questions of liability law requires a specialised lawyer. Anyone wishing to carry out an initial check can simply enter the domain name in a search engine and see whether the domain is already in use. In the search results list, it is quite easy to see whether there is a risk of potential infringement. A quick and free identity search can be carried out at the German Patent and Trademark Office. All you have to do is enter the domain name or term. It will then be displayed whether this is protected as a trademark. The German Patent and Trade Mark Office has also been offering searches for international and European trade marks for some time. If you get a direct hit in the search results, however, this does not mean that you cannot use the name for your domain. If a trademark is only regional, such as "Frisörsalon Schulte" with a branch in Berlin, you may still use "Frisörsalon Schulte" if your hairdressing salon is located in another city. The individual legal issues and demarcations can be quite difficult for legal laypersons to sort out, which is why a professional should be consulted. Potential infringements of similar sounding trademarks cannot be completely ruled out. An assessment can only be made by specialised lawyers. As soon as you have made yourself legally secure with regard to the domain name, you can start with the actual construction of the website. There are also legal dangers lurking there, which is why you should take a look at our lead article on the legally secure design of websites. For example, competitors can warn you off if you have an incorrect or incomplete imprint.
