Can I Register Flash*****.com?

Discussion in 'Legal Issues' started by Nestrer, Jul 25, 2009.

  1. #1
    Is there any trademark problems?

    BTW, can I develop a software to create SWF animations, and write a tagline about "Create Flash Animations Without Adobe Flash"?
     
    Nestrer, Jul 25, 2009 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    mjewel, Jul 25, 2009 IP
  3. Nestrer

    Nestrer Well-Known Member

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    #3
    May I refer to the product as "Flash Player compatible" and include a Flash Player logo with it?
     
    Nestrer, Jul 25, 2009 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    The more you try to include Adobe's name or one of their trademarks into it, the more it looks like you are trying to ride the goodwill they have established for their brand and products - which is infringement. I certainly wouldn't advise using their logo (which is also a trademark) unless you have express permission from them - which they aren't likely to grant. Sites have been sued for a lot less - including just having trademarks in meta tags.

    Some trademark holders are very aggressive, others not so much. The last thing you want is to get involved with a lawsuit from a deep pocket company. It would cost you hundreds of thousands of dollars to see it through the courts even if you win.

    I would strongly advise seeking the opinion of an IP attorney - especially if this is a large project. Trademark law is often not black and white, and a good attorney can explain the possible risks of your venture once they know exactly what it is you want to do.
     
    mjewel, Jul 26, 2009 IP
  5. Nestrer

    Nestrer Well-Known Member

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    #5
    According to the guidelines you sent to me, I am allowed to use "Flash Player compatible", you can find it in the "Acceptable terms". But it doesn't mention about the logo..
     
    Nestrer, Jul 26, 2009 IP
  6. mjewel

    mjewel Prominent Member

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    #6
    Either get express permission to use their logo, or take the risk of a lawsuit.

    From their perspective, why are they going to allow anyone to use their trademark on a product that directly competes with theirs?

    If all you are doing is saying "flash player compatible" - then I think you'll be fine. Adding their logo or using their trademark in a domain is what is asking for trouble.
     
    mjewel, Jul 26, 2009 IP
  7. Bohra

    Bohra Prominent Member

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    #7
    Isnt flash a word ? why cant we use it in the domain name ??
     
    Bohra, Jul 26, 2009 IP
  8. mjewel

    mjewel Prominent Member

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    #8
    Apple is a word. Amazon is a word. Barbie is a name. These are also very protected trademarks. It's a common misconception that you can't trademark words - most trademarks are words. A trademark gives you rights to use a mark in a particular classification. You could use "flash" in a domain name about your pet dog - what you can't do is use it in a domain that is going to have something to do with a the trademark holders business or type of business.

    Apple used in a domain that is about fruit - not infringement.
    Apple used in a domain that is about music or computers - infringement.
    Apple Computers in a domain - infringement regardless of what the site is about.
     
    mjewel, Jul 26, 2009 IP
  9. Bohra

    Bohra Prominent Member

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    #9
    IC what if the buyer is not in US and in the buyers country that word isnt trademarked then its fine ?
     
    Bohra, Jul 26, 2009 IP
  10. mjewel

    mjewel Prominent Member

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    #10
    No, there are International trademarks and also something called the Madrid Protocol where other countries honor each others trademarks. A WIPO action can take your domain regardless of where you live. There can be certain exceptions with smaller trademarks that only have visitors from a particular region - i.e. only have visitors from India - but with the broad scope of the Internet, that isn't very common.

    Bottom line, it is your responsibility to check for prior usage. Don't register a domain that contains a name already in use for the same or similar usage. Don't register a domain with a mark hoping to get visitors by riding someones goodwill or a registration that could be confusing to a consumer.
     
    mjewel, Jul 26, 2009 IP
  11. Bohra

    Bohra Prominent Member

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    #11
    Well normally people regiister domains like flashtutorials.com offcourse loggically there is nothing wrong in running such a site but still the company can claim the domain rite ?
     
    Bohra, Jul 26, 2009 IP
  12. mjewel

    mjewel Prominent Member

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    #12
    If Adobe wanted to take the domain, they likely could (assuming they didn't give permission). Some TM holders are very aggressive and go after everyone, some don't. It's always a risk if you do it without permission - and TM generally don't give permission unless you are talking about large licensing deals.

    A TM holder might turn a blind eye for years, and then the company is sold or gets a new CEO who decides to go after everyone. Some wait until a site grows large enough to get on their radar. Some don't go after sites that are "friendly" or offer a service to their customers (although they legally could).

    If you register a domain with a trademark (typos, adding words is still infringement), and the usage is similar or confusing, you run the risk of being sued or having the domain taken from you. Even if the usage isn't the same, a risk still exists. Even if you could win the claim, the cost of defending a lawsuit can be huge (hundreds of thousands of dollars).
     
    mjewel, Jul 26, 2009 IP