No, I'm not actually getting sued by Microsoft, but I don't want that to be the case. I am planning to start a website that talks about the service/products of another company, not necessarily Microsoft However, I was wondering if there would be any legal issues involved in this. Could anything go wrong? If I am unable to use something like Microsoft, could I use "The Microsoft" or a variation? Sounds weird but will work nonetheless if needed.
Microsoft is a registered trademark of Microsoft Corporation. So you can't use "The Microsoft" or anything else that contains "microsoft" in it.
You may find these a worthwhile read. http://www.website-law.co.uk/resources/website-libel.html http://www.yourrights.org.uk/yourrights/right-of-free-expression/defamation/index.html http://www.bbc.co.uk/dna/collective/A1183394
I think it would be OK.. have you not seen all the product review sites?? you are not using the mark in a confusing and misleading manner.. it will be OK.. IMHO
Not with the word microsoft in the domain name... you can buy say, My Review Site and then give your "opinion" or "review" of a product using your freedom of speach. if you are in the US
OK, just a few more questions. 1. If I do make a website regarding Microsoft with Microsoft in the domain name and they decide to take action: Would they have to contact me first and ask me to take down the site or could they proceed legally without consulting me? 2. Can I have a site called microsoft.org and then park it? Or use it in some gateway of ads? And this is not necessarily about Microsoft so please don't say that Microsoft won't care about a small site
they will send you a cease and desist letter first. and you would have to comply with their request before they could move on to suing you .
You can run a site and sure use there name.. But unless your domain is going to themicrosoftTM.com I don't think you will go without getting a cease and desist notice. Sure, you can use your name on the site, but as part of your domain. Thats a no-no!
I like to correct what I just posted... you do not want to use their names.. because no matter what your website looks like, they can always look at it in an unflattering manner and accuse you of harming their brand images... so unless you get a written approval from them.. don't do it
You can talk about Microsoft or their products on any website but if they take offence they could take action against you requesting you remove the content. Microsoft will definitely not allow you to register a domain with their name in the title or something similar. A few years ago a Canadian student called Mike Rowe registered mikerowesoft.com and Microsoft quickly got in touch and persuaded him to give up the domain name.