I am just wondering if we are violating the law concerning our domain name bustpriceline dot come as priceline is registered trademark. We are using it as one word. We need your opinion.
Hmmnn...I would have to say no, unless you are targeting or defaming Priceline in some way...but that really lays in the eyes of their legal department. The law may be on your side but they may just feel like messing with you and claim infringement knowing you can't fight them. Edit: Now that I look at the site and see that it is a Travel offers site...you may have some problems. Had it been anything else, I'd be on your side.
Yes, it is travel site. Priceline is trademarked not bustpriceline. Does that mean nobody can use that in a domain name? Thanks for taking your time to respond.
I think people confuse ICANN with a police force. There are things against the law in the US like some porn, gambling, ponzi schemes, etc. Website domains are not against the law. Anyone with a disagreement must go through a legal channel. The only thing illegal with domains is cyber-squatting. The legal process is more streamlined with those complaints. If someone wrecks your car, doesn't want to pay, is that illegal? Course not. It's up to you to go to court and prove they owe you. If someone has a domain that you or they think violates their copyrights, or trademarks, they must take you through a similar legal process. It does not mean what you are doing is illegal. Stephen C
Stephen C is correct. I didn't actually catch the distinction. What it is , is a possible copy write infringement. You don't have to worry about the F.B.I kicking in your door for it...it goes through the the courts and lawyers if anyone wants to pursue it..otherwise, technically you are not in violation until the copy write owner files and wins a legal action against you.
There are trademark laws that would likely put you at risk in a civil lawsuit. Trademark infringement is a civil matter. Copyright infringement can be a civil matter or a criminal one. There are people who have gone to prison for copyright infringement. In your case, you are looking at a civil action. If priceline decides to sue you for infringement, they may be awarded damages, both punitive and actual, and as it is a registered mark, they can seek treble their legal fees. You could be looking at owing hundreds of thousands of dollars if you choose to take it through the courts. Even if you won, you would still be out your legal costs. IMO, your domain is clearly trademark infringement given its usage and I would find another domain name.
I would pull the site immediately. There are those who advocate using TM domains and playing a game of chicken with the TM holder and then going to court if you have to. The people giving this advice are noobs and perpetual noobs with very shallow views. You don't want to spend time and money on a site and risk it all over something stupid like using the wrong domain name. When you know early on that a domain may one day lead to problems, you just don't use it if you think the project could turn into something of value (which, again, is lost if you lose the domain).
Yawn...got some time to spare: http://www.wipo.int/amc/en/domains/decisions/html/2007/d2007-1273.html http://domains.adrforum.com/domains/decisions/1296088.htm http://domains.adrforum.com/domains/decisions/1298293.htm
1st your name it`s not priceline it`s bustpriceline 2nd if priceline bought the complete trademark (all words that include their name) you`ll have some problems 3rd if their site it`s similar with yours(they offer travel offers and you too) it will also be a bad thing because them can say that you use their name to promote a similar business as them .. I don`t know what to say more.. a friend of mine have airbus.ro and se asked airbus if he can use it .. and they told him if he is not using any of them services on the site it will be no problem.
Trademark infringement does NOT have to be exact - and adding words to a trademark does NOT get around infringement.
you are right .. but if I change a letter or add one I can be able to register it.so that it`s not an infringement.THE ONLY SINGLE THINK IT`S NOT TO HAVE SAME BUSINESS AS THE ORIGINAL OR THE EARLIER TRADEMARK REGISTERED
Wrong. Being able to register a domain has nothing to do with it being trademark infringement or not. Trademarks are granted by classification, but famous marks, especially coined ones, have much broader protection. Adding a number to "google" or "xerox" is still going to be trademark infringement regardless of what you do with the domain. Trademarks also do not have to be registered. It is your obligation to check prior to registering a domain. The OP has already used the domain in an infringing manner (imo). You don't get to change the usage and make the infringement go away - he is still liable. I would get rid of the domain ASAP.
no more words to say ...,I realize that you are right ... i know 2 companies in my county apoint and pointa who offer different services and the owners are not the same or any kind of friendship.that is why i sustain my point