We see every day site created with brands in domain like youtube or rapidshare and facebook and myspace but we don't see them close (although some of them are pretty much known) Is it really illegal to include trademark in domain name ? what if you are using the domain to offer something that is not a clone of the main domain of the trademark ? I want to discuss this and know your options about this matter.
I would not do it. If they go after you it could cost more than you ever make from the site. Most times they just take domain name over but not worth the risk to me.
interesting question. i would like to know the answer too. is it illegal if you register domain.net, for example, because the .com extension is no longer available?
Yes it is illegal, if you put lot of $$$$ and build a website on the domain and make your domain popular , those site will come after you and snatch your domain for free .
ok before any rush in answers please try those keywords in google youtube proxy myspace proxy facebook proxy download youtube Look at alexa rank of top 3 results for every term to know what kind of traffic they are getting now tell me youtube/myspace/facebook don't know that those sites exist ?
That depends on the policy of the company, believe me companies like google, yahoo, ebay has sued many domain owners for trademark violations, so there is no gurantee that other companies can not do it.
Believe it or not, it's not illegal to include a trademark in a domain name. What can be illegal, though, is intentionally using a domain name to make money off a trademark. I say "can" because it depends on whose jurisdiction the complaining party in question might be from and utilizing any applicable laws. But if we're talking of .com domain names, US law takes precedence because the .com Registry is in the US-state of Virginia. And the US happens to have a law dealing with that called Anticybersquatting Consumer Protection Act (ACPA). Just search for it. There are various exceptions, many of which is too many to mention in just a single post. Needless to say, it depends why you registered the domain name to begin with. BTW, I voted it depends...because it does depend on the circumstances.
Now we are talking :d do you think showing ads on sites is what is meant by "intentionally using a domain name to make money off a trademark." take those examples in mind http://youtubeproxy.co.uk/ www.unblockyoutube.us they show adsense and use trademark in domain name
they probably could get sued, depends on the company. some are more aggressive than others. play with fire though, expect to get burned. I do remember myspace taking a bunch of domains to WIPO not too long ago for using their keyword in domains. Can you really not create a website without infringing on a mark? That is the real question you should be asking yourself.
Yes you can use a domain name with a trademarked word in it. However there are some catches. "YouTube" is a good example. Lets say you have the domain "myyoutube.com" and you had a video sharing website. then YES you can be sued and by the hair of you chinny chin chin you better beg that your site is not grabbing youtube content either! If "myyoutube.com" was promoting lets say a really interesting new type of bra for women then no you cannot be sued. Trademarks work in classes and sub classes. there are classes for video, classes for clothing classes for outdoor equipment. so you would have to use the domain in a class that is not used by any one else. Also if a tradmark is tradmarked in any country and it is .com then you can potentially be sued if your domain is related or promoting a similar purpos or service. i saw that on sedo somwhere.
By revenue we mean ads on the site or that we sell product that is similar to the one of the trademark ? Interesting post indeed. that is exactly what I was thinking when I opened this thread about why do you want to put trademark in domain. well. it's SEO purpose. Also how about things like www.BuyAdidas.com to sell (dropship) adidas products ? in this case you are using trademark in domain and selling the exact product (not a mockup)
I believe your adidas example would get you in trouble. If you have a trademark in the domain, and you are doing anything with that trademark, you can get in trouble. But if you own say "MicroSoftPillows.com" and are have no mention of Microsoft on your site, you are Ok. My question is what about Amazoon.com? If I had it and just redirect to my affiliate link?
i am going to say it depends on the companies names u would like to use... for example i own some domains that have the name of a very popular clothing store...The owners do not care at all, aslong as i dont make products with the shop name on them and try to sell them.. and i know of plenty of other domains which have been around for yearsssss with trademarked names in them and still no problems for them....And these are sites which are getting like XXX,XXX digit hits per month and are ranked around 40,000 in Alexa....And these are sites which are related to the trademark names in their URLS So my belief is that it all depends on the company and how much of a hard ass the owners are..
And that's really the only surefire answer, especially if you finally receive the C&D...or worse. It all boils down to likelihood of confusion, folks, especially if it's showing hints of commercial use whatsoever...even ads.
Good topic and I will watch this thread. Generic names I think they CAN NOT be marked, however I DID NOT SAY "domain names" Examples: poker(tm) -- no but poker.com(tm) yes, poker.net(tm) yes, etc.... In short it is possible to trademark generics to the right side of the TLD. But you CAN NOT trademark a branded name in a domain unless you are the owner of the brand name already, and by doing so you are infringing in property rights. Google(tm) -- yes Google.com(tm) yes You see the difference between the generic and brand names? Fairly simple but sometimes confusing. Always seek leagal advice if unsure.
Ok, so I have one: ShareBuilderPromoCodes.com Code (markup): I got the email saying shut it down because I was using it to make money from Sharebuilder. But it is just sitting in my GoDaddy account. Can I do something with it? Can I create a blog on it and do reviewme or payu2blog? Can I sell it? Can I give it away?