Registering a trademarked name & registering .EDU domains

Discussion in 'Legal Issues' started by joch21, Nov 1, 2005.

  1. #1
    During a recent domain name buying spree I was able to purchase a domain name that includes a famous US cell phone carrier in the name followed by "-wireless.com" It was never actually owned by that company but Im wondering what kind of trouble could come if I set this site up for some king of PPC or cell ohne affialite website.

    Also, Im browsing a lit of expired domains and I see a .edu domain. Is it even possible to register one of these?

    Thanks
     
    joch21, Nov 1, 2005 IP
  2. Toonces51

    Toonces51 !@#$%^&*^%#@#$%

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    #2
    Well, in theory they could probably sue you, and take any revenue you make from it, if not more. More than likely they would send you a cease and desist (I've gotten one from a major manufacturer before, but they didn't even want the domain--I expanded the focus of the site under a new domain, and when they didn't buy the domain after it expired, I re-registered it and pointed it to the new site--no complaints yet, three years later).

    For the .edu names, if memory serves from my time working for a legit online university, they are pretty closely guarded, and each educational institution is only allowed one these days (we had four, and were allowed to keep all four, but not allowed to get more). That would have been a couple years ago, but I'm guessing times haven't changed much, with all of the scrutiny for the industry...

    Toonces51
     
    Toonces51, Nov 1, 2005 IP
  3. mjewel

    mjewel Prominent Member

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    #3
    There are different types of trademarks/servicemarks, but if you are talking about a large company, they have probably filed in all, or many of the classifications. If that is the case, you cannot use the trademark/servicemark in any manner. Adding additional words is still infringement and using it would no doubt get you sued. Even misspellings or foreign translations can be infringement. If the company did not file in all 40 plus classifications, you may be able to use the name provided it has absolutely nothing to do with the type of business they are in i.e. if "Sprint" did not register their name in the jewelry classification, you could use the name "Sprint Jewelry" (provided no one else has prior usage rights) but you couldn't use "Sprint" if it had anything to do with their type of business, not even if you added 10 words after "Sprint".


    Owning a domain name does not give you the right to use it if someone has used the name before. The first person to use a name, and continue to use it, is the legal owner. Having a trademark just makes it easier to prove when you started using it, and also provides for treble damages in a lawsuit.... So I would strongly advise against trying to use the domain name in the manner you have suggested as your intent would be to ride the goodwill of the business they have established.
     
    mjewel, Nov 1, 2005 IP
  4. joch21

    joch21 Well-Known Member

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    #4
    this is all very good information. Thanks. I have no intention of getting rich. I just though I could buy it for $10 and sell it next month for $100. Who knows though
     
    joch21, Nov 1, 2005 IP