Somewhat unrelated to open source software, but an often asked question is how can someone have a particular domain if someone else uses that as a trademark. Now they may not use the exact domain with the top level extension as a trademark but they will use the name. This is because trademarks and domains are governed by two different entities and are essentially different.

There can only be one domain, but there can be many trademarks using that same name. You may see a type of food with a certain trademark and a car part of the same trademark. This is because they are in two different categories of goods and services. Now this cannot be the case with domain games because domain names have to be unique as they can only point to one website.

Therefore when you obtain a domain name and you may use a GoDaddy coupon to get a great discount, you would need to first search to make sure it is available. If someone else has it been you cannot have it or use it, while you could put it on letterhead it would not take people to your site but to someone else’s. Trademarks are obviously different as many people can use the same mark, they may get in trouble if it is confusingly similar or meets other restrictions, but you really cannot stop them from doing it. Also please note that domains are governed by the ICANN not by the patent and trademark office like trademarks.

Tags: domain disputes, trademark