G. Names to Avoid

There are two categories of names to avoid when selecting your domain name:
•Names that the PTO will refuse to register as trademarks, and
•Names that will be in legal conflict with existing trademarks.
1. Names You Can't Register As Trademarks
If you want to protect your choice of domain name as a trademark, you'll want to register it with the United States Patent and Trademark Office. (Chapter 8 tells you how.) The PTO will not register any of the following:
•Names that contain immoral, deceptive or scandalous matter (essentially, four-letter words)
•Names that disparage or falsely suggest a connection with persons (living or dead), institutions, beliefs or national symbols
•Names identifying a particular living individual (unless his or her consent is obtained) or a deceased president of the United States
•Names that have been taken by an organization that has been granted the exclusive right by statute to use the name, such the Boy Scouts and U.S. Olympic Committee
•Names that are misleading or just plain false
•Names that are primarily a geographic name or a surname, unless they have acquired a "secondary meaning," as has, for example, schwab.com.
2. Names That Will Conflict With Existing Trademarks
You should always keep an eye out for possible legal conflicts when choosing your domain name. Even if you already have a business and have taken the necessary steps to register your name with the county clerk (for sole proprietorships and partnerships) or Secretary of State (for corporations or limited liability companies), you may violate someone's trademark by making your business name your domain name. Thousands of business owners have been stunned to discover that they can't use their chosen business name without running afoul of another business's trademark rights.
As a general rule, avoid domain names that are:
•Close to an existing domain name that is both distinctive and used on a competing website.
•The same as or very similar to a famous commercial name used online (Amazon) or off (McDonald's, Disney). Truly famous names get special protection even if use by someone else wouldn't confuse customers. Under laws known as "dilution" statutes, courts can stop any use of a famous name that is intended to trade off the strength of the name, or that has the effect of tarnishing the trademark's reputation for quality.
•The same as or confusingly similar to the name of a famous living person such as Michael Jordan, Julia Roberts or Hillary Clinton.
In addition, if all of the following four statements are true, you run at least some risk that you'll end up on the wrong end of a dispute over your domain name:
•Another business is already using your proposed domain name as its trademark.
•The other business's mark is distinctive, even if marginally.
•The other business started using the mark in actual commerce before you started using your proposed domain name, and
•Either the proposed domain name itself, or the products or services to be sold on your website, would create a likelihood of customer confusion.