domain names and brand

Discussion in 'Domain Names' started by wijasenna, May 31, 2009.

  1. #1
    can i have, for example, use www.hondaparts.com considering that honda is a brand name? does it count as violating copyrights?
     
    wijasenna, May 31, 2009 IP
  2. JHGAMES

    JHGAMES Peon

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    #2
    You could try, but there's always the risk of Honda enforcing their trademark rights.
     
    JHGAMES, May 31, 2009 IP
  3. save

    save Active Member

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    #3
    In this situation I think anytime you use the word "Honda" you are using their trade mark but I guess it depends on how they view it. Maybe try contacting them and asking permission, if they say no then obviously it would be safer to stay away. If they say yes then you will feel a lot better about your activities and if they don't respond then I guess they don't care too much but it could still be a risk.
     
    save, May 31, 2009 IP
  4. magalhaes2007

    magalhaes2007 Peon

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    #4
    My experience with attorneys has been that, unless the client (Honda) has previously requerted in writitng by their client, the answer will always be a resounding no. Not only that but they will send you a registered follow up letter to make sure you understood their position.
    The good news is that unless you are being negative about the brand, or making millions with your site, it is now worth their while to spend millions of dollars in legal fees policing the thousands of ingringements that happen every day, specially outside the US.
     
    magalhaes2007, May 31, 2009 IP
  5. dopanel.com

    dopanel.com Peon

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    #5
    I don't think you don't have the permission.
    in the meaning that if we don't have the certification from the trademark owner,then we can't register the domain?
    Then if car is a tm of some one ,then no one can register domains with car?

    But honda still have the right to get the name back! :-(
     
    dopanel.com, May 31, 2009 IP
  6. mentos

    mentos Prominent Member

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    #6
    Its not a problem as long as you don't misuse it such as using it for illegal purposed by publishing material that will causing harm to honda business.
     
    mentos, Jun 1, 2009 IP
  7. mjewel

    mjewel Prominent Member

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    #7
    It is certainly clear trademark infringement. They might first contact you and demand you turn over the domain, or they may just file a WIPO or lawsuit against you. You should always stay away from trademarks (especially famous marks) unless you have express permission from the TM owner - which they aren't going to grant.
     
    mjewel, Jun 2, 2009 IP
  8. SiberForum

    SiberForum Banned

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    #8
    Honda is brand name. Hondaa, Hondab, Hondac etc are not brand names yet
     
    SiberForum, Jun 2, 2009 IP
  9. mjewel

    mjewel Prominent Member

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    #9
    Trademarks do not have to be exact. Infringement can occur with similar, phonetic, typos, or even foreign spellings. For example, perfumebay lost a trademark dispute with ebay after spending over a half million in legal fees. Hondaa.com or Hondaaparts.com are both going to be clear trademark infringement is the sites content has anything related to any sector honda operates in - and a case could likely be made that any use would likely be infringement since it is a famous mark - and a coined term at that. They own the trademark "honda" and adding words or letters to a domain name does not get around infringement.
     
    mjewel, Jun 2, 2009 IP