Can I Be Sued if I Own the Domain? The Truth About Trademarks
Why a .com does not equal a trademark.
By VisiName Team · January 23, 2026
The "I Bought the Domain" Fallacy: Why a .COM Does Not Equal a Trademark
It is the most common sentence spoken by first-time founders: "I know the name is safe to use because I already bought the domain."
This assumption feels logical. If you own the digital real estate, surely you own the sign on the door, right?
Wrong.
In the eyes of the law, buying a domain name gives you exactly zero trademark rights. It is the single most dangerous misconception in branding, leading thousands of entrepreneurs to build their empires on land they do not actually own.
1. The Difference: Address vs. Asset
To understand the trap, you must distinguish between an Address and an Asset.
- The Domain (The Address) A domain is simply a technical route. It is like renting a street address (e.g., 123 Main St). Paying rent on the address does not give you the right to open a shop called "Starbucks" there.
- The Trademark (The Asset) A trademark is the legal ownership of the brand identity (the name "Starbucks"). Intellectual Property law trumps technical registration every time.
2. The UDRP Nightmare
So, what happens if you buy `BestShoes.com` but another company owns the trademark for "Best Shoes"?
They don't just sue you; they take your domain.
There is a global arbitration system called the Uniform Domain-Name Dispute-Resolution Policy (UDRP). If a trademark holder can prove you are using a domain that infringes on their mark, ICANN (the internet governing body) can forcibly transfer the domain from your account to theirs.
You lose the domain, you lose the $2,000 you paid for it, and you lose your website traffic overnight.
3. The "Available" Trap
GoDaddy and Namecheap are registrars, not lawyers. When they tell you a domain is "Available," they mean "Technical Availability."
They are saying: "Nobody has registered this specific string of characters yet."
They are NOT saying: "You have the legal right to use this name in commerce."
You can go online right now and likely register `DeltaFaucetsOnline.net`. It is "Available." But if you set up a shop selling plumbing supplies, you will be sued for trademark infringement within weeks. The availability of the domain is irrelevant to the infringement of the brand.
4. The Solution: Check Rights First, Availability Second
Order of operations matters. Most founders search for domains first because it's fun and easy. This is backward.
The Correct Workflow
- Identify potential names.
- Check Trademark Solvency (Federal & State Risk).
- Check Domain Availability.
- Register the Domain.
- File the Trademark.
Tools like VisiName automate this sequence, cross-referencing the domain availability against the legal risk simultaneously so you don't fall in love with a URL you can't keep.
The Verdict
A GoDaddy receipt is not a legal shield.
Don't confuse "renting space" with "owning the rights." Before you spend thousands building a website on a specific domain, ensure the legal foundation underneath it is solid.
About the Author
VisiName Team
We provide the industry's most comprehensive naming intelligence, combining Federal, State, and Common Law data into a single, actionable score.