If a domain name is registered in my name am I the legal owner of the domain name?

Answer 1

It depends on the situation, as legal interpretations over name ownership have changed a lot over the last 14 years.

Essentially, if you're the registered owner, you own the legal domain name rights to the domain name. Having said that, that's only as long as you've not violated anyone else's trademark or tradename in doing so. In the early days of registration, Cyber Squatters (those who would register a domain and sit on them, hoping to profit) got away with name squatting until Madonna successfully sued to have a Cyber Squatter removed from all rights to the domain name Madonna.com.

In her case, she proved that she owned the international trademark and intellectual property rights to the name Madonna, having used it professionally since 1979. However, that is not always the case; if the Domain Name owner can prove that they have a legitimate interest in the name and registered it in good faith, they can retain the rights to the domain regardless of whether or not a large corporation or person has trademark rights to it or not.

As an example, if it had been a legitimate business with the name "Madonna Hotel" that registered and owned the name, Madonna wouldn't have been able to force them to give it up as they would've been a legitimate business with a name that fits the domain. She could of course offer to buy it, but that's all.

Usually such legal battles are engaged when the name is recognizable enough to the public or it's clear that the name holder hasn't registered in good faith and is just trying to make money off of a famous name. Large corporations with long established trademarks (usually internationally - think Coke, Budweiser, Sharp, Sony, etc.) will sue to gain control of their name, and have the legal horsepower to do so, either by direct action or just buying it from the legal owner if it's legit. In cases where the name being used by another is valid and legal, or the company just doesn't want to deal with legal action (usually do to the time frame involved, typically with marketing products), they'll just use a variation on the name for the new registered domain. This is done quite often with movies, as squatters try to register a name when they hear the title is in production.

Keep in mind also that trademarks and tradenames are only legally valid in the countries of origin, and it's only names which have international trademarks/names that are legally not yours. A Tradename registered in one State don't mean you legally own the tradename in another either. Typically to have a higher legal footing, you really need to have a corporate structure, but not always.

In the end though, if you've got a legitimate reason for the name (usually a business or group) and you beat someone else to the registration, you legally own it. Remember that possession is the key, and unless the name is worth fighting over in court, most people will just register a variation on the name.

Domain names aren't necessarily why people visit sites anyway - in the beginning of the internet's rise it was, but realistically it really doesn't matter what name you choose. "Register it and they will come" is a fantasy I've seen used by many clients who registered a name and then failed because they didn't follow regular marketing techniques to draw business. It doesn't make any difference what the name is, but it does make a difference if people don't know how to find your domain name and hence your message.