Domain Names and Trademarks: How to Avoid a Costly Dispute

A domain name can feel like your property the moment you've registered it. Legally, it's more limited than that — and it matters a great deal if you're considering buying or selling a domain that sits close to a well-known name or trademark.

Does registering a domain give me a trademark right?

No. When you register a domain name, you only get a technical right to use it as a web address — not a trademark right to the name itself. Trademark rights are instead obtained through registration with the Danish Patent and Trademark Office (or the EUIPO for EU trademarks), or in certain cases through the name becoming established in the market over time.

What happens if my domain resembles a trademark?

If a company believes your domain infringes their trademark or company name — for instance because it's identical or confusingly similar — they can file a complaint. In Denmark this typically happens through the Danish Domain Name Complaints Board, while international disputes are often settled through a UDRP case (Uniform Domain-Name Dispute-Resolution Policy). If you lose the case, you lose the domain — and you may be ordered to pay costs.

What does this mean for you as a seller?

If you're considering selling a domain that resembles a well-known brand — whether intentional or coincidental — you should be extra cautious. Even if you haven't used the name for anything infringing yourself, selling it to a buyer who intends to exploit the confusion can make you jointly liable in any subsequent dispute.

What does this mean for you as a buyer?

Before buying a domain, it's a good idea to check whether the name is registered as a trademark — both in Denmark and potentially in the EU. A quick search in trademark databases can save you an expensive surprise later. If in doubt, get a brief legal assessment before completing the deal — particularly if the domain is meant to carry a new brand going forward.

How to minimize the risk

• Avoid domain names that are identical to, or resemble, well-known trademarks and company names.
• Check trademark databases before buying a domain for a new brand.
• Get a written agreement for the purchase/sale describing exactly what you're taking over — and what you're not.
• Seek legal advice if there's the slightest doubt about the name's origin.

Also read our walkthrough of the rules for selling .dk domains.

Frequently asked questions

Does registering a domain give me a right to the name as a trademark?

No. A domain registration only gives you a technical right to use the name as a web address, not a trademark right. Trademark rights are instead obtained through registration with the Danish Patent and Trademark Office or the EUIPO.

What happens if my domain resembles a well-known trademark?

The company behind the trademark can file a complaint, in Denmark typically through the Danish Domain Name Complaints Board or internationally via a UDRP case. If you lose, you lose the domain and may be ordered to pay costs.

How do I avoid problems when buying or selling a domain?

Avoid domain names that resemble well-known trademarks or company names, check trademark databases before buying for a new brand, and get a written agreement describing exactly what's being transferred. If in doubt, seek legal advice.