In the case of www.gerikatilai.lt, the Lithuanian Court of Appeal explained that a domain name needs to be distinct in order to be protected. Even owning a “matching” trade mark did not guarantee the protection of the website, as the court clarified that since the words “geri” (“good”) and “katilai” (“boilers”) were not distinct, and the trade mark had not gained a reputation or recognition within the market, the domain name could not be protected.
What businesses should know:
- Distinct elements in trade marks are vital to ensure protection, and the same goes for domain names. A more unusual word or phrase is far more likely to be protected.
- If you already have a generically named domain, make sure to enhance its reputation and recognition within your market – that means advertisements, increasing visits to and key-word searches for your domain, and anything else to make it stand out.
- Constantly link your domain to your company in advertising and other forms of communication – clients should be able to link your specific goods/services to your domain.
- You can also register your domain as a trade mark.
