OF COURSE you need a domain!

Written by George Kosch

OF COURSE you need a domain! Read this and you'll KNOW why! by George Kosch, MSc, Worldprofit Webmaster

Another call came into my office this morning while I was filling in for a sales staff member. I have been runningrepparttar Worldprofit tech department for so long I had forgotten just how bad these MLM/Affiliate/Network Marketing companies can make a distributor's life. Here is what they tell you.

"You MUST userepparttar 108329 site that we have and are not allowed to use any of our materials on your own site, and that's final!"

I think this statement is fine if you want to take up residence on loser street. Get it? This company you are with is making you fail right fromrepparttar 108330 get go. Here's how. You are assigned an Internet address or URL to their site that guarantees that anyone going there who orders is traced back to you, fine. But you spend all your time, perhaps even years, marketing their url only to find after some time that you want to start another business. Imagine your new business doesrepparttar 108331 same thing. So you promote them. Are you starting to seerepparttar 108332 picture? If you are most people you won't get it yet.

How about we look at how a professional Internet businessperson would handlerepparttar 108333 MLM that won't let you have your own site.

First off, you purchase a domain with design and some tools like:

Sales Manager for automatic follow-up for leads Listserver for managing your own newsletter Design for a profession look to your website

Traffic (this is an option that Worldprofit only provides)

-->my plug for your business

What isrepparttar 108334 purpose of this domain? Well, you are going to generate leads, leads and more leads. You are going to now own what we like to call a generic business site. What arerepparttar 108335 benefits to you?

1. You ownrepparttar 108336 site and use an email address that looks professional like:


instead of dave@hotmail.com or some other free account

Using a free email account to do business is telling your prospects that you have no money. It simply looks unprofessional.

Free email is for people who are doing personal messaging to friends NOT for business communications!

2. You direct traffic to your URL not some company url.

What looks professional here?

www.davesdomain.com or


If you are in business forrepparttar 108337 long haul I think you can figure outrepparttar 108338 answer.

It Could Happen To You - Part 2

Written by Elena Fawkner


=> Domain Name Registrations Generally

As a general rule, you can register any domain name that is not already registered (subject to trademark considerations discussed below). If your domain name is sufficiently distinctive, for example, jtdbizopps.com,repparttar bit beforerepparttar 108328 .com may also be a common law trademark (unless, of course, it’s registered and then it’s a registered trademark). If you DO have a distinctive domain name, thenrepparttar 108329 discussion inrepparttar 108330 next section applies to you.

If you don’t have a distinctive domain name, however, and by this I mean a name that is “descriptive” or in general usage, for example, “home-business.com”, then this name will be neither a common law trademark nor a registrable trademark.

In this case, once you’ve lost your domain name registration, you are, not to put too fine a point on it, screwed. You don’t have much inrepparttar 108331 way of recourse other than forrepparttar 108332 “generic” legal avenues which may well be too expensive for you to pursue. These avenues are discussed below.

=> Domain Names and Trademarks

Onrepparttar 108333 other hand, if you have a distinctive domain name (i.e., one that is not in common usage), then that name is also likely to be a common law trademark (unless, as stated above, you’ve registered it, in which case it’s a registered trademark. And, if you do have a common law trademark, I would recommend that you register it. Registration can only strengthen your position.)

The law generally sides withrepparttar 108334 pre-existing trademark owner overrepparttar 108335 domain name holder. In addition,repparttar 108336 U.S. has enactedrepparttar 108337 federal Anti-Cybersquatting Consumer Protection Act (the “Act”). Underrepparttar 108338 Act, you can sue a cybersquatter to get back your domain name and sometimes damages to boot. So, what’s actionable underrepparttar 108339 Act? Here’s an extract from repparttar 108340 Act itself:

“A person shall be liable in a civil action byrepparttar 108341 owner of a mark, including a personal name which is protected as a mark ... if, without regard torepparttar 108342 goods or services ofrepparttar 108343 parties, that person ­

(i) has a bad faith intent to profit from that mark ...; and (ii) registers, traffics in, or uses a domain name that ­

(I) inrepparttar 108344 case of a mark that is distinctive atrepparttar 108345 time of registration ofrepparttar 108346 domain name, is identical or confusingly similar to that mark; (II) inrepparttar 108347 case of a famous mark that is famous atrepparttar 108348 time of registration ofrepparttar 108349 domain name, is identical or confusingly similar to or dilutive of that mark; or (III) is a [registered] trademark ...”

In terms of what constitutes “bad faith”,repparttar 108350 Act provides thatrepparttar 108351 court may consider factors (among others) such as:

“The person’s [i.e.,repparttar 108352 alleged cybersquatter’s] intent to divert customers fromrepparttar 108353 mark owner’s online location to a site accessible underrepparttar 108354 domain name that could harmrepparttar 108355 goodwill represented byrepparttar 108356 mark, either for commercial gain or withrepparttar 108357 intent to disparagerepparttar 108358 mark, by creating a likelihood of confusion as torepparttar 108359 source, sponsorship, affiliation, or endorsement ofrepparttar 108360 site; and

“the person’s offer to transfer, sell, or otherwise assignrepparttar 108361 domain name torepparttar 108362 mark owner or any third party for financial gain without having used, or having an intent to use,repparttar 108363 domain name inrepparttar 108364 bona fide offering of any goods or services, orrepparttar 108365 person’s prior conduct indicating a pattern of such conduct.”

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