Trademark Domain Names - What Is The Position On Registering Trademark Domains?

This really ought to be a Sticky on this forum, if not by myself, then certainly from a moderator who really should take the responsible action to let other new domainers know, the exact position with regards to the question or wisdom of registering, trademark domain names.

There is a lot of bad advice being bandied around these forums regarding the registration of other companies trademarked domain names.

Every experienced domainer will tell you the same thing.

YOU DO NOT REGISTER TRADEMARK DOMAINS - FULL STOP!

A trademark company, corporate name is registered as such to protect a company or corporation brand.

If you register a domain name which has a trademark word within it, with the sole intention of making profit from that name, you are basically riding on the back of the company in question, their good trading name.

By diverting intentionally traffic away from their website, you are in effect stealing their traffic and damaging their business and reputation.

Hefty penalties can be leveled at you in the tens if not hundreds of thousands of dollars for infringing upon the rightful ownership of a trademark domain name. This has happened before and no doubt, will happen again, many times in the future too. Cybersquatting is a HUGE no no, you just don't partake in it in the absolute slightest.

It would seem that this message has to be drummed into many new domainers heads, before they fully get the message and understand the possible consequences of their actions if they insist on partaking in this illegal activity.

This includes ALL typo's of a registered trademark. Your clear intention by using a typo domain is to steal traffic from the trademark company to benefit yourself financially or otherwise.

I've used this illustration before a few times.

Lets take the word, 'APPLE'. Apple is a registered trademark.

Now, if you registered a domain name: AppleComputersRus.com .net or .whatever, it would be committing trademark violation and the Apple corporation would be within every legal right to sue you for everything that you own, if you decided to use this domain to financially benefit yourself.

On the other hand, if you registered a domain name: SomersetAppleCider.com .co.uk .whatever and on this domain you set up a website about Somerset cider and Somerset apples etc, you should be ok.

If in doubt, always consult a lawyer / attorney / solicitor first who is experienced upon the subject and is in a proper position to advise you.

For a general overview from a domain lawyer, watch this Youtube video provided courtesy of Phil Craig of DomainsIntoDollars.com

http://www.youtube.com/watch?v=oGyJx_9iSO4&fmt=18

Hopefully, if this becomes a Sticky thread at the top of this forum, it will save everyone having to explain this very pertinent issue here, over and over again and also could quite possibly save a lot of potential headaches in the future.

Many thanks!

Mark Magawr

 

Great thread, probably doesn't matter what I say, but I agree it should be stickied somewhere. Ive seen members complain when they get an email or are told their domain could be taken off them because its a registered trademark.

 

Some useful info on there ol chum it's all pretty much common sense any sensible person should follow some people are just so stupid, for people that lack that common sense I think this post will be a benifit to them.

 

Heh, I've long requested there ought to be a sticky on legal issues involving
intellectual property. But...it's up to the mods.

 

Yes, I'm not holding out much hope Dave on this front, but it was worth a try.

At least here, if the question gets asked on this forum again, I can just pop this link in as a reply to the topic in hand and just hope that that helps someone understand the issues more fully.

At the very least, if they get tired of reading my long winded posts, they can watch the video in my OP for more timely information.

Thanks for the replies guys and the rep, very much appreciated.

 

Well you do have a lot of wind in you if i may say so lol. People these days need things explaining to them clearly in black and white, hopefully this will help those n00bs who insist on reging trademark domains.

 

I agree totally with your comments, I'm getting tired of appraising TM domains at nil value

 

This is a must one to have in info bank. Newbies always think that Trademark domains would fetch them decent money from these companies, but the fact is , it is against the law. in only one case this would be good that if the trademark domain is purchased earlier and than the company is formed with that trademark, in this situation Domainer have the advantage.

 

That's true but if the company has more money than brains then you may well end up loosing it anyway but smaller companies may not want the hastle and expense of going to court and may be more willing to part with cash for it. it's not unknown

 

This unfortunately isn't quite true.

The law will generally speaking still come down in favor of the trademark holder and the company in possession of the trademark would still have by definition the rights to any domain names, that contain their business name and could pose any kind of a threat towards them, no matter who got to the actual domain name first.

 

Nice thread,
I think one of the the reasons there has not be a sticky thread on the subject is that it is a complex subject that has many variable situations like wording, intention of use, Country of use etc..
A hard and fast rule should be, If you are unsure if it infringes on a trademark, then seek professional advice from a trademark lawyer in your Country.

Cheers
James

 

This is entirely correct and thank you for bringing up this point, I did make the same remark in my OP but it cannot be over emphasized just how important this particular case in point is.

If in doubt, contact a lawyer or other fully trained and competent legal representative who will be in a position to advise you further!

Mark Magawr

 

What a mistakes I've made...
Now how to "deactivate" those domain names so that I wont be sued...

 

Here's something I don't understand: if I register asdfgh.com, then, 3 years later - someone who really wants this domain name creates a LLC named "asdfgh", they will then have the right to take the domain name from me?

 

the net have archive, wayback record ...... no worry in this case ...

 

u can't deactive but u can drop it ...
the function should be inside ur registrar control panel, if u drop ur domain in less then certain day, u might able to request full refund

 

Within 5 days of registering it / them, typically you would do this on day 4.

A credit will be given to your registrar account, less whatever fee is charged for deleting it, only a few cents, nothing to worry about.

Then at least you are free of the worry.

If after the 5 days, don't park it, don't use it/them at all, just let them expire and don't renew them.

Hope this is helpful to you.

To your success!

Mark