Greetings Uc1bear:
A website's URL/domain name can be considered *for use* in an
advertising campaign but I believe the name itself is not considered
advertising.
Take, for instance, the article at
http://internetsuccesscoach.com/a-branding.html that reads in part
"Even before you launch your website, you can (and should) begin to
use your domain name. Why? Because it is the world's cheapest
advertising tool and an excellent way to brand your business."
This is a suggestion to use the name as a *tool* for/in advertising.
Certainly, a web site that was focused on feeding hungry children
probably wouldn't choose the domain name CrazyCollegeParties.com -
they would have their organization's name and/or purpose as their
domain name. In that case, the domain name is still just a domain
name but something that can be branded *using* advertising.
Branding an organization or product has to do with recognition as
opposed to advertising. The brand name is used is advertising, of
course, but the name constitutes what is advertised, not the
advertisement itself - its name can be perceived as an advertisement
but the name is still defined as "the name".
Autographics at http://www.autographics.co.za/ contains the text "We
show you how to efectively utilise your domain name and company logo
and using your website as an advertising tool, enhancing your business
image and your client relationship."
Again, a reference as a tool.
************
The definition of a domain name offered at Webopedia
(http://www.webopedia.com/TERM/D/domain_name.html):
"A name that identifies one or more IP addresses. For example, the
domain name microsoft.com represents about a dozen IP addresses.
Domain names are used in URLs to identify particular Web pages. For
example, in the URL http://www.pcwebopedia.com/index.html, the domain
name is pcwebopedia.com...Because the Internet is based on IP
addresses, not domain names, every Web server requires a Domain Name
System (DNS) server to translate domain names into IP addresses."
In an office analogy, a domain name would be the name of a corporate
office building, the IP would be the main corporate street address and
additional IPs would be various suites in the office building. The
name of the corporation could be used as an advertising tool (branding
it by advertising it) but it is first the corporate name. The name
may also be trademarked or they might choose a tradmark slogan to
brand as well. That's still just a name and a trademark, not an
advertisement.
This pertains to your statement "(2) solid text or decisions that
bascially compare domain names to phone numbers, addresses, etc...
That is, by definition ('uniform resource locator')that URLs simply
describe where to find something."
A domain name is basically the name of an address. Name.com gets
translated into somthing like 198.144.169.7, the Internet address
where Name.com is found (NOTE: This is an example using a made-up IP
address.)
*******
From one of the links you provided, I found the article "Advertising
and Marketing on the Internet: The Rules of the Road" at
http://library.lp.findlaw.com/articles/file/00002/000269/title/Subject/topic/Computers%20%20Technology%20Law_Advertising%20Practices/filename/computerstechnologylaw_1_69
- nothing regarding using s domain name was addressed. The laws
governing advertising claims were reveiewed there.
"If you want to convey a more established image, you should probably
get your own domain name. That way, the address of your Web site would
be www.firmname.com....the custom name should be easier to remember
and it should project a better image...."
From http://library.lp.findlaw.com/articles/file/00964/006122/title/Subject/topic/Computers%20%20Technology%20Law_Advertising%20Practices/filename/computerstechnologylaw_1_69
This appears to be encouraging domain name branding.
The rest of the articles in the list you provided at
http://library.lp.findlaw.com/computerstechnologylaw_1_73_1.html dealt
with advertising claims unrelated to your query.
***********
From the http://www.keytlaw.com/marks/urlmarks.htm link you provided,
that was concerning trademark registration and the following was cited
at http://www.keytlaw.com/marks/urlmarks.htm#B. Advertising One’s Own
Products or Services on the Internet is not a Service:
"B. Advertising One’s Own Products or Services on the Internet is not
a Service
"Advertising one’s own products or services is not a service. See In
re Reichhold Chemicals, Inc., 167 USPQ 376 (TTAB 1970); TMEP
§1301.01(a)(ii). Therefore, businesses that create a web site for the
sole purpose of advertising their own products or services cannot
register a domain name used to identify that activity. In examination,
the issue usually arises when the applicant describes the activity as
a registrable service, e.g., "providing information about [a
particular field]," but the specimens of use make it clear that the
web site merely advertises the applicant’s own products or services.
In this situation, the examining attorney must refuse registration
because the mark is used to identify an activity that does not
constitute a "service" within the meaning of the Trademark Act.
Trademark Act §§1, 2, 3 and 45, 15 U.S.C. §§1051, 1052, 1053 and
1127."
"Sole purpose" is the key here, I believe. A legitimate corporate or
organization name should have no problem being trademarked and used in
advertising and a URL to "simply describe where to find something"
would probably not be granted a trademark registration.
**********
I didn't locate any legal cases referencing "domain name advertising
is a no-no" or "you can't legally advertise a domain name" so I have
made my case above using the best examples I could locate. Do
remember that if your web site is going to be a primary tool for your
business or organization, the name should be in the domain name for
the best branding and advertising opportunities.
Should you require clarification of any of the links or information I
have provided, please request it and I will be happy to respond.
SEARCH STRATEGY:
"domain name" advertising
"domain name" advertising article
"domain name" branding
"domain name" "as advertising"
"domain name" as address
IP address
IP address as advertising |
Request for Answer Clarification by
uc1bear-ga
on
09 May 2003 11:04 PDT
Hi Journalist,
Thanks for your answer, but it is not yet quite what I am looking for.
You share your own opinoin -- which is similar to mine -- but I did
not find the 'hard' (or relatively hard) evidence I was looking for...
There were no legal precedents, or noted experts... Just excerpts from
some marketing copy, an encyclopedia (which did not seem to further
the point), and the links I previously provided.
Your answer seemed to confirm and reconfirm my statement that "Of
course, a URL/domain name can be turned into a brand (i.e.,
Amazon.com)," but it did not get to the crux of the matter -- "is
simply having the URL itself
'advertising'?"
Please look into this second point further and see if you can provide
me any fairly solid evidence that simply having a URL itself is not
advertising. Thanks,
uc
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