I am going to register a domain name with Google in it. Is it legal?

Discussion in 'Legal Issues' started by zxcvbnm3007, Aug 21, 2009.

  1. macros

    macros Peon

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    #21
    well then....somebody better go after ALLLLLLLLLLL those other sites that have googles name in it huh? this is making me want to start one called www.google.tv.

    Is buying a domain name for a biz that hasnt done it already illegal? no. then you call the biz and sell them the name or whatever...been done lots of times.

    The domain name biz is for all who have the ability to get it....and that includes your name...my name any name.
     
    macros, Aug 31, 2009 IP
  2. mjewel

    mjewel Prominent Member

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    #22
    That's the difference - in addition to "free speech" it removes the likelihood of confusion as the consumer isn't likely to think that it is a "facebook" operated site. However, if you monetize the site in any way (like running ads), you lose protection and there are cases of these types of sites being sued and losing.
     
    mjewel, Aug 31, 2009 IP
  3. mjewel

    mjewel Prominent Member

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    #23

    You obviously haven't the slightest clue about trademark law. Everything you have posted is wrong. A domain being available does NOT give you rights. Read the registrar agreement, the burden of a trademark check is the buyers.


    The first thing you should do is research the anti-cybersquatting law - and it's $100,000 penalty.

    http://en.wikipedia.org/wiki/Cybersquatting
     
    mjewel, Aug 31, 2009 IP
  4. macros

    macros Peon

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    #24
    the original post as i read is can he register a domain name....the answer is YES. Period. Trademark another trademarked name = no.
     
    macros, Aug 31, 2009 IP
  5. mjewel

    mjewel Prominent Member

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    #25
    While you might be able to register it, just doing so subjects to a lawsuit - even if you don't do anything with it. This has nothing to do with trademarking another trademark.

    You record of posting bad advice is about 100%, period.

    This is not the legal guesses by the clueless thread.
     
    mjewel, Aug 31, 2009 IP
  6. macros

    macros Peon

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    #26
    oh jeese....you win. I'm not a lawyer and dont play one on tv. I will say this, you know your stuff. This should mean you also know that just because a corporation has trademarked a name of product does not mean the general public cant buy the dot com. It happens everyday. all the people who bought dot com names of corporations and them sold them to the companies for a healthy profit....has the law changed?

    Are these types of domain name tycoons now crooks and criminals? Come ON already.....and the registrants who hold onto these domains?

    A client lost a domain name by 3 days after all said and done.....and had to go through hell to get the name back. now this is not trademark.

    Again, buy whatever name you want. Trademark law has to do with the particular USE of a brand, unless the company has purchased so many licenses that you cant even touch it in commercial apps.

    For example: coca cola shoe store is wrong because coke paid the fees. It largely depends on how far the company went when purchasing the trademarks.

    If you want to trademark a dotcom....you're in another part of the sea.

    I read the article....fu)k. Corporations changed the laws on us...again in their favor. jerks....you are right. but if you read that link about cybersquatting.....it doesnt say you CANT GET THE NAME.

    IT SAYS WHAT IS ILLEGAL ABOUT WHAT YOU DO WITH THE NAME....and it seems that is not your intent.
     
    Last edited: Aug 31, 2009
    macros, Aug 31, 2009 IP
  7. mjewel

    mjewel Prominent Member

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    #27
    Trademarks are granted by classification - and some companies have broad protection (IBM, Coke) and ANY usage in a domain is likely going to be infringement. Coined terms and famous marks have broad protection. Registering google.tv or any other domain with google in it (except possible for the "sucks" type of sites) is going to be infringement, period. If you register google.tv, google can take it anytime they want. They could also decide to go after you for damages and a $100,000 fine.

    Now if you owned apple.net and it wasn't being used in a manner that infringement upon a trademark (like using it to sell apples) then apple corp would have to buy it from you if they wanted it. That is NOT the case with a google domain. Adding words does not get around infringement.
     
    mjewel, Aug 31, 2009 IP
  8. macros

    macros Peon

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    #28
    you are absolutely right i am happy to say. the google tv was tongue in cheek. however.....

    google is a number.1 followed by One-hundred zero's. google.tv would be all about watching a looped video of a very slow person writing a 'google' on a blackboard dressed like pee wee herman.

    Cant sue that....have to buy it. smile.
     
    macros, Aug 31, 2009 IP
  9. mjewel

    mjewel Prominent Member

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    #29
    "Googol" is the mathematical term for a 1 followed by 100 zeros. "Google" is a coined term. Again, it doesn't matter what you use the domain for - if it has google in it, it's infringement.
     
    mjewel, Aug 31, 2009 IP
  10. macros

    macros Peon

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    #30
    ok, so you got me on google since it is a made up fresh term like 'foshizzle' or 'my bad' ..... a term that never existed before and has been introduced to the marketplace - there is nothing ANYONE can do since they have protected their assets. Again, you are correct on this. I hate originality sometimes.....so therefore i will buy

    googleme.tv

    Now what?
     
    macros, Aug 31, 2009 IP
  11. mjewel

    mjewel Prominent Member

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    #31
    You have a serious comprehension problem. Adding words to a trademark does not get around infringement. googleme.tv gooooogleme.tv googlle.me = trademark infringement.
     
    mjewel, Aug 31, 2009 IP
  12. macros

    macros Peon

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    #32
    yes i do have that problem. please dont disturb my frail reality while I get my credit card out to buy googleme.tv then go live underneath the island of dr. moreau. The sky is purple in my world.
     
    macros, Aug 31, 2009 IP
  13. miamiron

    miamiron Active Member

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    #33
    You are just asking for trouble

    It may not come this week, but if you are successful and your busines growa in income and populaiity - you might get burned.

    Also , what if you decide to sell you business someday ... it will be a very discounted price

    Do you homework on possible domain names and traffic - that is the best answer


    All the Best
     
    miamiron, Aug 31, 2009 IP
  14. sonny123

    sonny123 Peon

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    #34
    isn't Adsense a trademark aswell ??? making the original sugesstion a certain no go.

    what about goodle.com or doogle.com?

    what about KalvinClein.com (which is available for £5 on go daddy!)
    or BeamMeUpScottie.com for a startrek site (its gone already)
    or MayTheForceBeWithYou.com for a starwars site (this is actually a casino site)
     
    sonny123, Sep 1, 2009 IP
  15. mjewel

    mjewel Prominent Member

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    #35
    All your examples have a case for trademark infringement. If you get in front of a judge, you are going to have to convince him that the there isn't possible consumer confusion and that you didn't choose the domain name because of a famous mark.

    More importantly, if the trademark holder "thinks" it is trademark infringement, it will cost you six figures to defend yourself in court. Even if you win, you are still out that money. If you lose against a registered mark, you could be order to pay treble their legal fees - plus damages. That's the huge advantage deep pockets have - they can bury you will legal fees and win by default. Use common sense and it will eliminate 90% of your problems. Phonetic, misspellings, typos, and even foreign spellings can all be trademark infringement. Don't get cute and think you can make a few changes to a famous mark and get away with it.
     
    mjewel, Sep 1, 2009 IP
  16. hmansfield

    hmansfield Guest

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    #36
    Why would you want to ? Don't you have any unique ideas of your own ?
     
    hmansfield, Sep 1, 2009 IP
  17. Dave Zan

    Dave Zan Well-Known Member

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    #37
    When part of your world reaches out to others, though, you are also possibly
    allowing them to come into yours. Including any and all possible risks.

    For this specific discussion, it boils down to the simple question of why you or
    whoever want to register a domain name bearing a uniquely famous mark such
    as Google, Viagra, etc. Given how widely well-known and popular such marks
    became to lots of people, especially if arising from their commercial success,
    what are the chances people will not confuse the domain with its trademark
    name-sake?

    Obviously one doesn't have to admit why in an online forum. But that person
    might be called upon to do so...

    ...in a world where everyone can be reached somehow. It shouldn't really be a
    problem if one can afford to lose the domain name, although I've seen lots of
    folks (sometimes oddly) complain about that.
     
    Dave Zan, Sep 1, 2009 IP
  18. bhuvasona

    bhuvasona Guest

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    #38
    Ok , how about redirecting www.googlebasdfgh.com to the website which i promote will it still come under trademark conflicts ?

    hehe i own adsenseseo.com :(
    PHP:
     
    bhuvasona, Sep 1, 2009 IP
  19. mjewel

    mjewel Prominent Member

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    #39
    Both domains are trademark infringement and subject to google legal action whenever they feel like it. Feel free to spend time building sites that can be taken at will - and which you could also be sued for. Just holding them or offering them for sale can bring legal action.... not that anyone would buy them (people become smarter when it comes to spending more than reg fee.)
     
    mjewel, Sep 1, 2009 IP
  20. hmansfield

    hmansfield Guest

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    #40
    What is the fascination with f**king with other peoples stuff ? Are you really that lost on the web that you can't accomplish anything without trying to piggyback off of someone else's name and hard work ?
    Why don't you do something original, put in the time and hard work and make something that is yours ?
     
    hmansfield, Sep 1, 2009 IP