Can I have 'hollywood' in a domain name ?

Discussion in 'Legal Issues' started by dragunov1, Apr 19, 2009.

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  1. #1
    Can I have 'hollywood' in a domain name ? or will it be copyright infringment and get me into trouble ?
     
    dragunov1, Apr 19, 2009 IP
  2. feras80

    feras80 Well-Known Member

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    #2
    i don think that Hollywood is a trademark, so u can use it.
     
    feras80, Apr 19, 2009 IP
  3. jezzz

    jezzz Notable Member

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    #3
    I also think you can use it doesn't matter! because Hollywood relates to industry
     
    jezzz, Apr 19, 2009 IP
  4. funa

    funa Peon

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    #4
    Hollywood is a geographical name in the first place, it is not a trade mark.
     
    funa, Apr 19, 2009 IP
  5. ninetua

    ninetua Peon

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    #5
    i think you can use it.
    hollywood is not trademark
     
    ninetua, Apr 19, 2009 IP
  6. mjewel

    mjewel Prominent Member

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    #6
    There are trademarks on "Hollywood" and many trademarks on terms that have hollywood in them i.e. "Planet Hollywood" or "Hollywood Diet". The correct answer is: The domain may be trademark infringement - it is going to depend on the actual name AND what you intend to use the site for. Apple is a fruit, yet it is also one of the most protected trademarks in the world. Usage is key.
     
    mjewel, Apr 20, 2009 IP
  7. dragons5

    dragons5 Well-Known Member

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    #7
    dragons5, Apr 20, 2009 IP
  8. mjewel

    mjewel Prominent Member

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    #8
    Wrong. The trademark is for "Apple" and they have several in different classifications (3317089 for instance). The logo is also trademarked.
    http://www.apple.com/legal/trademark/appletmlist.html

    Only a idiot would say "hollywood is fine to use in a domain name" without knowing the exact domain name and usage.

    "always address the USPTO with questions." More bad information as the USPTO doesn't give legal advice on trademark infringement, and common law trademarks don't even require any filing whatsoever.

    People with no actual trademark experience shouldn't even be posting random guesses in a legal section.
     
    mjewel, Apr 20, 2009 IP
  9. dragons5

    dragons5 Well-Known Member

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    #9
    well aren't you a gallon of douche. and i do have TM experience, sorry it's late and im writing short hand, i meant to use the TESS engine to check out trademarks first. I didnt say to ask for legal advice.

    And no.. read the list of Apple stuff. The term 'Apple' is only trademarked in certain instances for them and i still dont see you linking the entry that shows the logo. im loling that you linked to Apple's website with TM claims not to the office that hands them out.. that's good stuff there.

    as far as common law trademarks go they aren't protected by TRIPS and when it comes to domains will only count if they violate the three things outlined in the UDRP. So i agree that to be more certain you would need to know the domain, but i think from the op's very short and concise post the op just wanted to know if they could use the word "hollywood" in a domain name without violating any laws.

    oh and you should have said 'an idiot' jackass.
     
    dragons5, Apr 20, 2009 IP
  10. mjewel

    mjewel Prominent Member

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    #10
    The term 'Apple' is only trademarked in certain instances for them and i still dont see you linking the entry that shows the logo. im loling that you linked to Apple's website with TM claims not to the office that hands them out.. that's good stuff there.

    Gee, do you think that is why I said usage is the key???

    Here's the serial number for the logo you couldn't find (lol) 78943482


    "as far as common law trademarks go they aren't protected by TRIPS and when it comes to domains will only count if they violate the three things outlined in the UDRP."

    So what? It's can still be trademark infringement and you can be sued.


    "So i agree that to be more certain you would need to know the domain...."


    Right, it was a stupid statement for you to make.


    FYI, even if a trademark is "DEAD" of "LAPSED" it doesn't mean it isn't a trademark. It has to be abandoned to lose trademark rights.
     
    mjewel, Apr 20, 2009 IP
  11. dragons5

    dragons5 Well-Known Member

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    #11
    a stupid statement? you are overdoing it. the op just wanted to know if they could use hollywood... stop being such a whiny little biotch.

    and if the trademark is dead it makes it much much harder for a company to defend the use of it by someone else. sure they can use it as common law, but so can i. I can create woogedy willow sticks and sell them without registering, but when it comes down to infringement cases a register is a lot more clear cut than a common law.

    now as far as using a dead mark it really depends. the original owner could have let it die for stupid reasons like wrong paperwork which can be easily corrected if done in time, or the mark could be dead if the original register is no longer using it. many times companies will get a mark, register it and let it die then use strong arm tactics to defend it even though they use it as a common law mark.

    and

    final summation to the op: if you're in that much doubt... see a Patent and Trademark Attorney.
     
    dragons5, Apr 20, 2009 IP
  12. maryum

    maryum Banned

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    #12
    there should not be any issue to use Hollywood in domain i have seen many domain like this...
     
    maryum, Apr 20, 2009 IP
  13. tobycoke

    tobycoke Well-Known Member

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    #13
    maybe, but if you combine it with another word you could be violating someone's trademark. ie: Hollywood Video, Planet Hollywood, Hollywood Diet...
     
    tobycoke, Apr 20, 2009 IP
  14. corgi

    corgi Peon

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    #14
    I agree too here.


    You can use 'hollywood' in a domain name.

    Just make sure you don't tact in an additional word, that uses someone's else existing 'hollywood' business.
     
    corgi, Apr 20, 2009 IP
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