Domain name issues

Discussion in 'Legal Issues' started by lv211, Jul 29, 2006.

  1. #1
    Will you run into legal issues if you have domain names like:

    www.lowcostipods.com
    www.freeapplecomputers.com
    www.cheapikeafurniture.com

    Can companies sue you or take away your domain name if you have their name in the url?
     
    lv211, Jul 29, 2006 IP
  2. DonMecca

    DonMecca Peon

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    #2
    All depends on the type of business it is. But for a recent example MySpace has recently been going after people using "myspace" in their domain name. It can cause an issue if you are not an authorized reseller or the company doesn't want to be associated with you.
     
    DonMecca, Jul 29, 2006 IP
  3. Mystique

    Mystique Well-Known Member

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    #3
    Even being authorized reseller you may face such issues.

    There is a topic out there where a DP member got a Barnes and Noble-related domain name as affiliate, and the company was trying to sue him :O
     
    Mystique, Jul 29, 2006 IP
  4. phlint

    phlint Peon

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    #4
    For the most part you should be fine, although if you have a big operation you may want to consult someone about it get different domain names.
     
    phlint, Jul 29, 2006 IP
  5. mjewel

    mjewel Prominent Member

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    #5
    Those domains contain Federal Trademarks. Any domain that contains a trademark (doesn't need to be registered either), and the site is about their product, is infringement (some exceptions like "ipodssuck.com" could be an exception). You can run into legal issues and yes, they could take the domain and even sue you for damages. Whether or not they take action is the million dollar question - but you would certainly be at risk for the domains you listed. It does not matter if you site is promoting their product, or even if you are an authorized dealer - you must still have permission from the trademark holder - which they generally do not grant.
     
    mjewel, Jul 30, 2006 IP
  6. alexdale

    alexdale Active Member

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    #6
    i second to that :)
     
    alexdale, Jul 30, 2006 IP
  7. jamesxp

    jamesxp Well-Known Member

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    #7
    I've had sites that used a trademark term in the url where the company in question asked me to take it down, and others where they haven't.

    In both cases where I've had to switch a site off, the trademark holder didn't object to my usage per se. What got them going was that I had other products available that weren't theirs thanks to a bad implementation of an affiliate feed.

    I think that on the whole if your site promotes their product, and you avoid trying to pass your site off as official you should be OK. Although some companies can be a bit more precious about their trademarks than others - check if other people are using them first.

    Good luck, and be careful...
     
    jamesxp, Jul 30, 2006 IP
  8. starsoft

    starsoft Active Member

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    #8
    There are a lot of companies who have similar website address and from what I know they are fine... you should be fine too!
     
    starsoft, Aug 1, 2006 IP
  9. mjewel

    mjewel Prominent Member

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    #9
    There are a lot of websites with stolen images and content - or child porn. That doesn't make it legal.

    Apple is very aggressive in going after people who uses one of the trademarks in their domain name.

    From their website:

    Unauthorized Use of Apple Trademarks

    1. Company, Product, or Service Name: You may not use or register, in whole or in part, Apple, iPod, iTunes, Macintosh, iMac, or any other Apple trademark, including Apple-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.

    9. Domain Names: You may not use an identical or virtually identical Apple trademark as a second level domain name.

    Not acceptable: "imac.com" "imacapple.com" "imac-apple.com" "podmart.com"
     
    mjewel, Aug 1, 2006 IP
  10. Julia_SR

    Julia_SR Peon

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    #10
    Thanks for this thread guys, I didn't realize certain big companies were so tough on this issue.
     
    Julia_SR, Aug 3, 2006 IP
  11. Pahrump Mike

    Pahrump Mike Life Is Good

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    #11
    What about this scenario - which of these would be acceptable, and which of these is likely to bring a lawsuit? (The Barbary Coast Hotel is a real hotel in Las Vegas, used as an example here)

    barbarycoasthotellasvegas.com
    barberrycoasthotellasvegas.com (misspelling)
    barbarycoasthotellasvegas.mytravelsite.com
    mytravelsite/barbarycoasthotellasvegas.html
     
    Pahrump Mike, Aug 9, 2006 IP
  12. mjewel

    mjewel Prominent Member

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    #12
    The first two are clear trademark infringement (misspellings and phonetic spellings can be infringement).

    There have been a few lawsuits on subdomains, but your chances of having legal problems are greatly reduced.

    You shouldn't have any problems with a page name as long as it is clear you aren't associated with the trademark holder and don't take any images or logo's from their website unless you have permission. It may seem obvious, but a lot of people take images thinking it's ok because they are "promoting" their business (which makes no difference).
     
    mjewel, Aug 9, 2006 IP
  13. domainteller

    domainteller Peon

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    #13
    I have a related question. I see alot of sites that contain the word "google" and "froogle" as part of the domain names (ie, googlerumors, frooglebuys.com,
    frooglepets.com,etc.).

    Will owning these types of domains get you in trouble???
     
    domainteller, Aug 15, 2006 IP