Domain Trademark Issues: Complete Legal Protection Guide 2025

Category: Domain Legal & Compliance Tags: domain trademarks, UDRP, cybersquatting, domain law, trademark infringement Status: DRAFT

Understanding Trademarks and Domain Names

What is a Trademark?

Trademark is a word, phrase, symbol, design, or combination that identifies and distinguishes the source of goods or services.

Examples:

• Nike (brand name)
• "Just Do It" (slogan)
• McDonald's Golden Arches (logo)
• Coca-Cola distinctive bottle shape (trade dress)
• Apple apple icon (symbol)

What trademarks protect:

• Brand identity
• Consumer recognition
• Business reputation
• Market position
• Goodwill

What trademarks don't protect:

• Ideas or concepts
• Generic terms
• Functional features
• Common phrases (usually)

How Trademarks Apply to Domain Names

Domain names CAN infringe trademarks when:

1. Identical or confusingly similar to trademark

• Nike.com (if not owned by Nike)
• NikeShoes.com (includes trademark)
• Nikee.com (intentional misspelling)
• GetNike.com (trademark + generic word)

2. No legitimate rights or interests

• Don't own Nike trademark
• Not licensed by Nike
• No permission to use
• Not fair use

3. Registered or used in bad faith

• Intent to sell to trademark owner
• Intent to disrupt trademark owner's business
• Intent to confuse consumers
• Intent to profit from trademark

All three elements must be present for trademark infringement.

The Spectrum: Generic to Trademark

Understanding where domains fall:

Generic (Cannot trademark):

• shoes.com
• computers.com
• coffee.com
• lawyers.com

Descriptive (Trademark with secondary meaning):

• quickbooks.com (describes accounting software)
• microsoft.com (microcomputer software)
• facebook.com (directory of faces)

Suggestive (Can trademark):

• greyhound.com (fast buses, not actual greyhounds)
• amazon.com (big like Amazon river, sells books)
• apple.com (computers, not fruit)

Arbitrary/Fanciful (Strong trademark):

• google.com (made-up word)
• kodak.com (invented name)
• xerox.com (created term)

For domain investors:

• Generic = Usually safe
• Descriptive = Risky if trademark exists
• Suggestive/Arbitrary = Very risky
• Fanciful = Extremely risky (likely trademark)

UDRP: Domain Dispute Resolution

What is UDRP?

UDRP (Uniform Domain-Name Dispute-Resolution Policy) is the system for resolving domain disputes without going to court.

Created: 1999 by ICANN Applies to: .com, .net, .org, and most gTLDs Cost: $1,500-5,000 (complainant pays) Timeline: 45-60 days typical Result: Transfer domain or dismiss complaint

Alternative to courts:

• Faster than lawsuit (2 months vs. 2 years)
• Cheaper than litigation ($3K vs. $50K+)
• International reach (works globally)
• Specialized panelists (trademark experts)

UDRP Requirements (3-Part Test)

For trademark owner to win, must prove all three:

1. Domain is identical or confusingly similar to trademark

Identical:

• Trademark: NIKE
• Domain: nike.com
• Result: Identical

Confusingly similar:

• Trademark: NIKE
• Domains: nikeshoes.com, nike-shoes.com, getnike.com
• Result: Confusingly similar

.com doesn't distinguish:

• nike.com vs. NIKE trademark = identical
• TLD ignored in similarity analysis

2. Registrant has no rights or legitimate interests

Legitimate interests include:

• Bona fide offering of goods/services
  • Running actual business on domain
  • Not just parking page
  • Genuine commercial use

• Commonly known by the domain name

  • Your actual name is Nike Jones
  • Business legitimately called Nike
  • Established identity

• Legitimate noncommercial or fair use

  • Criticism site (nikesucks.com for complaints)
  • News/commentary (nike-news.com if actual news)
  • Educational use

3. Registered and used in bad faith

Evidence of bad faith:

a) Intent to sell to trademark owner

Email to Nike: "I own nike-shoes.com. Interested in buying
for $50,000?"

Result: Bad faith

b) Pattern of preventing trademark owners from using domains

• Own nike.com, adidas.com, puma.com (all competitors)
• Blocking brands from domains
• Pattern of cybersquatting

c) Disrupting competitor's business

• Register nike.com
• Launch competing shoe store
• Confuse Nike's customers

d) Intentionally attracting users for profit

• Register nike.com
• Parking page with shoe ads
• Profit from Nike's trademark
• Misdirect Nike's customers

UDRP Process Timeline

Step 1: Complaint Filed (Day 0)

• Trademark owner files UDRP complaint
• Pays $1,500-5,000 fee
• Submits evidence of trademark rights
• Chooses dispute resolution provider:
  • WIPO (most common)
  • Forum
  • CAC
  • Others

Step 2: Review (Days 1-5)

• Provider reviews complaint
• Ensures requirements met
• Confirms fees paid
• Verifies jurisdiction

Step 3: Notification (Days 5-10)

• Domain owner receives complaint copy
• Email to WHOIS contacts
• Postal mail if required
• Clock starts for response

Step 4: Response (Days 10-30)

• Domain owner has 20 days to respond
• Submit defense
• Provide evidence
• Optional: No response = likely loss

Step 5: Panel Selection (Days 30-35)

• Complainant chooses 1 or 3 panelists
• Single panelist: Cheaper, faster
• Three panelists: More expensive, more balanced
• Panel appointed by provider

Step 6: Decision (Days 35-55)

• Panel reviews evidence
• Makes determination
• Issues written decision
• Published publicly

Step 7: Implementation (Days 55-65)

• If domain owner loses: Transfer to trademark owner
• If domain owner wins: No action, keep domain
• 10-day waiting period for court action
• Transfer executed by registrar

Total timeline: 45-60 days typical

Defending Against UDRP

If you receive UDRP complaint:

Step 1: Don't panic

• You have 20 days to respond
• Many UDRP complaints fail
• Rights can beat trademark

Step 2: Assess the situation

Questions to ask:

• Do they have valid trademark? (Check USPTO.gov)
• Was domain registered before trademark? (WHOIS vs. trademark date)
• Do you have legitimate use? (Actual business, criticism, fair use)
• Is domain generic or descriptive? (Not confusingly similar)
• Evidence of bad faith? (Your intentions honest)

Step 3: Decide strategy

Option A: Respond and defend

• If you have strong case
• Domain valuable
• Legitimate use
• Worth the fight

Option B: Settle/negotiate

• Offer to sell for reasonable price
• Transfer voluntarily
• Avoid UDRP decision (stays off record)
• Get something vs. lose entirely

Option C: Don't respond

• If case clearly lost
• Domain not worth fighting for
• Save time and effort
• Accept transfer

Step 4: Prepare response (if defending)

Strong defenses:

Defense 1: Registered before trademark

Evidence:
- Domain registered: January 2015 (WHOIS)
- Trademark registered: March 2018 (USPTO)
- Domain predates trademark by 3+ years

Result: No bad faith (couldn't target nonexistent trademark)

Defense 2: Generic or descriptive term

Domain: Flowers.com
Trademark: FLOWERS (for flower shop)

Argument:
- "Flowers" is generic term for product
- Not confusingly similar to specific trademark
- Descriptive fair use
- Many legitimate uses

Result: Often wins

Defense 3: Legitimate business use

Evidence:
- Operating actual business on domain since 2015
- $500,000 annual revenue
- Employees, customers, suppliers
- Bona fide commercial use
- Not targeting trademark

Result: Legitimate interest established

Defense 4: Criticism or commentary

Domain: NikeSucks.com
Use: Consumer complaints about Nike products

Argument:
- Protected speech (First Amendment in US)
- Legitimate noncommercial use
- Fair criticism
- Not confusing (obviously complaint site)

Result: Usually protected

Defense 5: Your actual name

Your name: John Nike (really)
Domain: JohnNike.com

Evidence:
- Birth certificate
- Driver's license
- Using your real name

Result: Legitimate interest

Step 5: Submit response

• Word document or PDF
• Follow provider guidelines
• Include all evidence
• Submit within 20 days
• Confirm receipt

Step 6: Wait for decision

• Panel deliberates
• Reviews both sides
• Issues decision
• Usually within 2-3 weeks after response

Step 7: Accept or appeal

• UDRP decision can be challenged in court
• Must file within 10 days
• Expensive and complex
• Rarely done except high-value cases

UDRP Success Rates

Statistics (rough averages):

• Complainants win: 85-90% of cases
• Respondents win: 10-15% of cases
• Respondent doesn't respond: 95%+ complainant wins
• Respondent does respond: 25-30% respondent wins

Why complainants win so often:

• Many respondents don't respond (auto-loss)
• Trademark owners careful to file strong cases
• Clear cybersquatting easier to prove
• Panel bias slightly toward trademark holders

When respondents win:

• Domain registered before trademark
• Generic/descriptive terms
• Legitimate business use
• Fair use (criticism, news)
• Lack of bad faith evidence

Cybersquatting Laws

ACPA (Anti-Cybersquatting Consumer Protection Act)

US Federal Law (1999)

Applies to:

• US domain registrants
• US-based trademark owners
• .com, .net, .org, .us domains primarily
• Any domain if US jurisdiction

Definition of cybersquatting: Registering, trafficking in, or using a domain name that:

1. Is identical or confusingly similar to a trademark
2. With bad faith intent to profit

Penalties:

• $1,000 to $100,000 per domain
• Plus trademark owner's legal fees
• Domain transfer to trademark owner
• Possible criminal charges (extreme cases)

Bad faith factors (ACPA considers):

Indicates bad faith:

• No trademark or IP rights in domain
• Domain consists of personal name or legal name of owner
• Prior use of domain in bona fide offering of goods/services
• Bona fide noncommercial or fair use
• Intent to divert consumers for profit
• Misleading false contact information in WHOIS
• Pattern of registering trademarks as domains
• Offering to sell for amount exceeding costs

ACPA vs. UDRP:

Feature	ACPA	UDRP
Forum	US Federal Court	Arbitration panel
Cost	$50,000-$200,000+	$1,500-$5,000
Timeline	1-3 years	45-60 days
Damages	$1,000-$100,000 per domain	Transfer only
Scope	US jurisdiction	Global (.com/.net/.org)
Appeal	Full appeals process	Limited (must go to court)

When trademark owners use ACPA:

• Want money damages (not just transfer)
• Egregious cybersquatting
• Pattern of bad behavior
• Deep-pocketed defendant
• US jurisdiction clear

When they use UDRP:

• Just want domain back
• Fast resolution needed
• Lower cost preferred
• International situation

UDRP vs. Trademark Infringement Lawsuit

Three options for trademark owners:

1. UDRP (domain-specific)

• Goal: Get domain back
• Cost: $1,500-5,000
• Time: 2 months
• Result: Transfer or dismiss

2. ACPA Lawsuit (cybersquatting-specific)

• Goal: Domain + money damages
• Cost: $50,000-$200,000
• Time: 1-3 years
• Result: Transfer + $1K-$100K per domain

3. Trademark Infringement Lawsuit (general)

• Goal: Stop all infringement + damages
• Cost: $100,000-$500,000+
• Time: 2-5 years
• Result: Injunction, damages, possibly domain

For domain investors:

• UDRP most common (95% of cases)
• ACPA for serious cybersquatters
• Full lawsuit for major infringement

Avoiding Trademark Problems

Before Registering: Trademark Search

Essential step: Check trademarks BEFORE registering domain

Free trademark search:

USPTO (United States)

• Website: uspto.gov/trademarks
• Search: TESS (Trademark Electronic Search System)
• Coverage: All US trademarks
• How to use:
  1. Go to USPTO TESS
  2. Enter domain name (without .com)
  3. Check active trademarks
  4. Look for similar marks
  5. Check registration dates

WIPO Global Brand Database

• Website: wipo.int/branddb
• Coverage: International trademarks
• Free access
• Searches multiple countries

EU Trademarks (EUIPO)

• Website: euipo.europa.eu
• Coverage: European Union
• eSearch plus tool
• Free

Country-specific offices:

• UK: ipo.gov.uk
• Canada: ic.gc.ca/eic/site/cipointernet
• Australia: ipaustralia.gov.au
• Others: Search "[country] trademark search"

What to search for:

• Exact domain name (without TLD)
• Variations and misspellings
• Singular/plural versions
• Related terms

Example search: "QuickBook"

USPTO Search Results:
- QUICKBOOKS (Intuit Inc.) - Accounting software
- Status: Active
- Registered: 1994

Decision: DON'T register QuickBook.com, QuickBooks.com,
QuickBooking.com, or similar
Risk: High UDRP/lawsuit risk

Green light indicators:

• No exact trademark match
• No confusingly similar trademarks
• Term is generic or descriptive
• Multiple companies use term
• No famous brand associations

Red flags:

• Active trademark exists
• Famous brand (Nike, Apple, Google, etc.)
• Recently trademarked (company actively protecting)
• Identical to company name
• Multiple trademark classes (company serious about IP)

Safe Domain Categories

1. Generic keywords

Examples:

• cars.com
• hotels.com
• flowers.com
• lawyers.com
• insurance.com

Why safe:

• Cannot trademark generic terms
• Multiple legitimate uses
• Descriptive of category
• Not confusingly similar to specific brand

Exceptions:

• If used in bad faith
• If targeting specific trademark holder
• If no legitimate use

2. Geographic + keyword combinations

Examples:

• NYCPlumbers.com
• LondonHotels.com
• TorontoLawyers.com
• CaliforniaWine.com

Why safe:

• Descriptive, not confusing
• Legitimate local business use
• Generic category term
• Geographic limitation clear

3. Long-tail descriptive domains

Examples:

• BestRedWidgetsOnline.com
• AffordableSolarPanelsNYC.com
• OrganicDogFoodDelivery.com

Why safe:

• Too specific to confuse with brand
• Descriptive of service
• Unlikely trademarked (too long/descriptive)
• Clear business use

4. Your own brand/business name

Examples:

• YourStartupName.com (if you created it)
• YourBusinessName.com (your legitimate business)
• YourPersonalName.com (your actual name)

Why safe:

• Legitimate business use
• Bona fide offering of goods/services
• Rights to your own name/brand

Requirements:

• Actually use for business
• Register before they trademark
• Not targeting existing trademark

Risky Domain Patterns

Pattern 1: Famous brand + keyword

Examples:

• NikeShoes.com
• AppleRepairs.com
• GoogleTools.com
• FacebookMarketing.com

Risk level: VERY HIGH

Why risky:

• Includes famous trademark
• Likely confusingly similar
• Hard to claim legitimate use
• Companies actively defend these

Exceptions (may be defensible):

• News/review: "AppleWatchReviews.com" for actual reviews
• Criticism: "NikeWorkerRights.com" for activist site
• But still risky - company may fight

Pattern 2: Misspellings of brands

Examples:

• Gogle.com (Google misspell)
• Amazom.com (Amazon typo)
• Facebok.com (Facebook typo)

Risk level: EXTREMELY HIGH

Why risky:

• Obviously targeting trademark
• Typosquatting
• Clear bad faith
• Easy UDRP loss

Never register these - automatic loss in UDRP

Pattern 3: Brand names in non-related spaces

Examples:

• Amazon.com (before Amazon company existed)
• Apple.com (before Apple Computer)
• Tesla.com (before Tesla Motors)

Original risk: LOW (if truly first) After trademark: VERY HIGH

Timeline risk:

2000: Register Apple.com for apple orchard business (safe)
2010: Apple Inc. becomes famous computer company
2025: UDRP risk HIGH despite earlier registration

If good faith use continues: Defensible
If just parking or sale attempt: Risky

Pattern 4: Domain hacks with trademarks

Examples:

• Linke.din (LinkedIn)
• Spot.ify (Spotify)
• Face.book (Facebook)

Risk level: HIGH

Why risky:

• Clever domain hacks still trademark infringement
• Intent to use brand clear
• No legitimate use defense
• UDRP loss likely

The "Sucks" Domain Exception

Criticism and complaint sites usually protected:

Examples:

• NikeSucks.com
• AppleSucks.com
• ComcastSucks.com
• [BrandName]Complaints.com

Legal protection:

• First Amendment (free speech in US)
• Legitimate noncommercial use
• Fair criticism
• Not confusing (clearly complaint site)
• Gripe site exception

Requirements to stay protected:

• Actually criticize the company
• Noncommercial (no ads usually)
• Clearly complaint/criticism site
• Not cybersquatting disguised as criticism
• Not offering to sell to company

UDRP decisions:

• Many "sucks" domains survive UDRP
• Panels recognize free speech
• But must have genuine criticism
• Can't be pure cybersquatting

Example protected:

Domain: AwfulCableCompanySucks.com
Content: Customer complaints, service issues, reviews
Monetization: None (or minimal)
Offered for sale: No

Result: Protected criticism

Example NOT protected:

Domain: NikeSucks.com
Content: Blank page or parking
Email to Nike: "Want to buy NikeSucks.com for $10,000?"

Result: Bad faith cybersquatting, UDRP loss

What to Do If You Receive a Cease & Desist

Understanding the C&D Letter

Typical cease & desist includes:

1. Identification of trademark owner
2. Description of trademark rights
3. Your allegedly infringing domain
4. Demand to stop use and transfer domain
5. Deadline (usually 10-30 days)
6. Threat of legal action if you don't comply

Example:

Dear Domain Owner,

Our client, NIKE Inc., owns the famous NIKE trademark, registered
with the USPTO since 1971.

You are operating nike-shoes-online.com, which infringes our
client's trademark rights. This causes consumer confusion and
dilutes our client's brand.

We demand that you:
1. Immediately cease use of the domain
2. Transfer the domain to our client
3. Provide accounting of profits

If you do not comply within 15 days, we will pursue all available
legal remedies, including federal court action under the Lanham
Act and ACPA, seeking injunctive relief, monetary damages, and
legal fees.

Sincerely,
[Law Firm]

Immediate Steps

Step 1: Don't ignore it

• Taking it seriously ≠ admitting fault
• Ignoring can lead to lawsuit
• Response deadline is real
• Shows good faith to respond

Step 2: Don't panic or immediately comply

• C&D is opening negotiation, not court order
• Not legally binding
• Many are bluffs or overreach
• Assess before acting

Step 3: Document everything

• Save all communications
• Screenshot your website/domain use
• Collect evidence of your rights
• Note important dates

Step 4: Don't communicate directly (yet)

• Don't email angry response
• Don't call their lawyer
• Don't post about it publicly
• Wait to assess situation

Assessing Your Position

Question 1: Do they have a valid trademark?

Check USPTO.gov:

• Is trademark active and registered?
• What classes (categories) does it cover?
• When was it registered?

Question 2: Did you register before their trademark?

Compare dates:

• Your domain registration (WHOIS)
• Their trademark registration (USPTO)
• If domain first: Strong defense

Question 3: Is your use legitimate?

Honest assessment:

• Do you have actual business on domain?
• Is it bona fide commercial use?
• Did you target their trademark?
• What was your intent?

Question 4: Is domain generic or descriptive?

Evaluate:

• Single generic word (flowers, cars, shoes)?
• Descriptive term (flower delivery, car sales)?
• Your own brand/business name?

Question 5: Evidence of bad faith?

Consider:

• Did you email offering to sell to them?
• Is domain parked with their competitors' ads?
• Do you own many trademark domains?
• Did you register specifically to target them?

Response Options

Option A: Transfer the domain

When to choose:

• You have weak case (clearly infringing)
• Domain not valuable enough to fight
• Want to avoid legal fees
• Registered in bad faith (honestly)

How to respond:

Dear [Law Firm],

Thank you for your letter regarding [domain.com]. After reviewing
your client's trademark rights, I am willing to voluntarily
transfer the domain to avoid any dispute.

I request that your client pay the transfer fees and any associated
costs ($X), as this was an honest mistake.

Please advise on transfer process.

Sincerely,
[Your name]

Negotiation:

• Request they pay transfer costs ($100-500)
• Request nominal compensation ($500-2,000)
• Gets domain off your hands
• Avoids legal fees
• Clean record (no UDRP decision)

Option B: Defend your rights

When to choose:

• You have strong case (domain first, generic term, legitimate use)
• Domain is valuable
• Principle matters
• You have evidence

How to respond:

Dear [Law Firm],

Thank you for your letter. After careful review, I disagree with
your assertions for the following reasons:

1. [Domain.com] was registered on [date], prior to your client's
   trademark registration on [date].

2. [Domain term] is a generic/descriptive term with multiple
   legitimate uses.

3. I operate a bona fide business at the domain, which has been
   active since [date], generating $[amount] in annual revenue.

4. I have never targeted your client's trademark and registered
   the domain for my own legitimate business purposes.

I respectfully decline your demand. If you wish to discuss further,
I am available for good-faith negotiation.

Sincerely,
[Your name]

Next steps:

• They may back down
• They may file UDRP (prepare to respond)
• They may file lawsuit (consult attorney immediately)

Option C: Negotiate a sale

When to choose:

• Domain has some value
• You'd be willing to sell for right price
• They have budget
• Middle ground exists

How to respond:

Dear [Law Firm],

Thank you for your letter. While I disagree that I am infringing,
I understand your client's concern and am willing to transfer the
domain to resolve this amicably.

I have invested significant time and resources in the domain.
I would consider transferring for $[reasonable amount] to
compensate my investment and avoid dispute costs for both parties.

Please let me know if your client is interested in resolving this
way.

Sincerely,
[Your name]

Pricing:

• Research comparable sales (NameBio)
• Add premium for their interest
• Be reasonable (not ransom pricing)
• Expect negotiation

Option D: Modify use and offer compromise

When to choose:

• Some legitimacy to their concern
• You can adjust usage
• Want to keep domain
• Compromise possible

How to respond:

Dear [Law Firm],

Thank you for your letter. While I believe my use is legitimate,
I am willing to make modifications to address your client's
concerns:

1. I will add clear disclaimer that I am not affiliated with
   [Trademark Owner]
2. I will modify domain use to focus on [different use]
3. I will ensure no confusion with your client's brand

I believe this resolves the concern while allowing me to continue
my legitimate business.

Sincerely,
[Your name]

Good faith examples:

• Add "Not affiliated with Nike Inc." to website
• Remove logo or imagery that resembles theirs
• Change focus of website
• Redirect to different use

When to Hire a Lawyer

Consult attorney immediately if:

• C&D threatens imminent lawsuit
• Domain is very valuable ($10,000+)
• Your business depends on domain
• You plan to fight UDRP
• They file actual lawsuit
• You're unclear about your rights
• Criminal charges mentioned (rare)

Types of attorneys:

Trademark attorney:

• Specializes in trademark law
• Understands UDRP
• Can assess your rights
• Handles disputes regularly
• $250-$600/hour typically

Domain attorney:

• Specializes in domain disputes
• UDRP experience
• Knows domain valuation
• Familiar with cases
• $300-$700/hour typically

Where to find:

• Martindale.com (attorney directory)
• INTA (International Trademark Association)
• Recommendations from domain forums
• State bar association

Costs:

• Initial consultation: $0-500 (many offer free)
• C&D response letter: $500-2,000
• UDRP defense: $3,000-10,000
• Lawsuit defense: $20,000-$200,000+

What NOT to Do

DON'T:

1. Ignore the letter

• Leads to escalation
• Lawsuit may follow
• Loses goodwill
• Hurts your position

2. Respond emotionally

BAD: "Your client doesn't own all domains with their name! This
is America! I have free speech rights! I'll see you in court!"

GOOD: "Thank you for your letter. After reviewing the matter,
I respectfully disagree with your position for the following
reasons..." [factual, professional]

3. Make threats

• "I'll sue you for harassment!"
• "This is extortion!"
• Hurts your credibility
• Creates evidence against you

4. Post publicly about it

• Don't tweet about it
• Don't post on forums (before resolution)
• Creates public evidence
• Can be used against you
• Appears adversarial

5. Try to hide or transfer domain

• Don't transfer to friend
• Don't change WHOIS to fake info
• Don't move to offshore registrar
• Evidence of bad faith
• Possibly illegal

6. Offer to sell for huge amount

BAD: "I'll transfer for $100,000"
(When domain worth $2,000 max)

Evidence of ransom/cybersquatting
Proves bad faith
UDRP loss certain

7. Register more similar domains

• They sent C&D for nike-shoes.com
• Don't then register nike-store.com
• Proves pattern
• Strengthens their case

Conclusion: Trademark Safety First

Trademark issues are the #1 legal risk in domain investing. A single UDRP loss or lawsuit can wipe out years of profits.

Key principles:

Before registering:

1. Always check trademarks (USPTO.gov, WIPO)
2. Avoid famous brands entirely
3. Focus on generic terms and descriptive combinations
4. When in doubt, skip it - there are millions of domains

Safe domain types:

• Generic keywords (cars, hotels, insurance)
• Geographic + service (NYCPlumbers, LondonHotels)
• Descriptive long-tail (BestMarketingToolsOnline)
• Your own legitimate business name

Danger zones:

• Famous brands + keyword (NikeShoes)
• Misspellings (Gogle, Amazom)
• Brand names period (unless generic use)
• Recently trademarked terms

If you get C&D:

1. Don't panic or ignore
2. Assess your position honestly
3. Consider options (transfer, defend, negotiate)
4. Consult attorney if valuable domain
5. Respond professionally
6. Document everything

UDRP defense requirements:

• Domain registered before trademark, OR
• Generic/descriptive term, OR
• Legitimate business use, OR
• Fair use (criticism, news, commentary)

The safest approach: Stick to generic terms, avoid trademarks entirely, and build legitimate businesses. The best defense against trademark issues is not having them in the first place.

A domain that creates legal liability isn't an asset - it's a liability. When in doubt, register the safe alternative and sleep better at night.