If I buy a domain, do I need to create an LLC?

Question

So, I want to create a name and buy a domain for a website to use currently. However, in the future I would like it to be a business so that way I can self-publish. Do I need to create an LLC if I already own the domain? Can someone legally create an LLC with the same name as my domain? Just trying to understand what the difference is between an LLC and a business

Answer 1

Do I need to create an LLC if I already own the domain?

No.

Can someone legally create an LLC with the same name as my domain?

Yes.

Just trying to understand what the difference is between an LLC and a business

An LLC, a "limited liability company," is a kind of legal entity that has a separate identity from the members of the LLC. The members' liability is limited with respect to the company's liability, hence the name.

A business is a commercial activity. The two concepts are independent. A person can have a business without forming a corporation, or indeed many businesses. A single corporation can also have many businesses.

Back to the question about someone forming an LLC using your domain name, this raises the issue of trademark protection. In the US, at least, you can't register a trademark unless it is "in use in commerce" (15 USC 1051(a)(3)(C)), which means explicitly that you cannot use the mark "merely to reserve a right in" it (15 USC 1127).

But there are many subtleties of trademark protection that are widely misunderstood by most people, so if you anticipate wanting trademark protection for a name, you will probably want to learn about how trademark protection works and likely talk to a trademark lawyer.