Trademark Infringement?

Well I am worried that my domain might get me into trouble.
The domain is http://htcsprintevo.com
I was wondering if this is trademark infringement (the domain, not the stuff on it) and what will happen if it is :s. I don't want to get sent to court, thrown into jail, or being fined for something I'm not sure about.
The other thing is that HTC EVO is trademarked, but with the sprint in the middle, does it actually make it invalid or what?
Also, I cant find anything about htc evo in their terms & conditions, http://www.htc.com/www/about-htc/terms.html

Thanks guys.

Edit: It is also just a blog, so I'm not selling anything on it :s

 

Yes, it is trademark infringement unless you had express permission from BOTH HTC and Sprint. The fact that you put both trademarks in the domain doesn't protect you at all, it just means that either Sprint or HTC can sue you, so you have double the risk. You have adsense on the site, that is commercial usage - it doesn't matter that you aren't actually selling anything.

 

So what should I do with this :|
And also, will they like automatically send me to court or what

 

I would drop the domain. They would probably send you a letter before suing you, but that is not required.

 

drop the domain like mjewel said or you will get into trouble

 

If I google that, I see so many sites with the same things in their domains, but nothing is happening with theirs :s

 

If you google car thefts, you will find many examples of people who haven't been caught. I suspect there are many child porn sites out on the net. That doesn't make it legal. A trademark holder isn't required to go after all cases of infringement, only defend their mark. They are required to go after some instances of infringement - some go after all they find. Other people doing it is not a legal defense. If they single you out, you are liable and have no excuse. You asked if the domain was trademark infringement - the answer, without any doubt whatsoever, is yes. It is up to each domain owner on the risk they want to take - whether that be a lawsuit or losing their adsense account and earnings.

 

Drop the domain as suggested. Take the loss of registration fee and your time.

If you need to ask if something is infringement then it probably is. While there are many sites with trademarks in their domain name at anytime can the trademark holder decide to go after the owners to recover the domain.

PS I hate the mentality that if other people are doing something illegally then it is okay if I do as well.

 

So what if I end up selling the domain to someone else?

 

Try emailing htc and sprint and get permission for using the domain. If you don't do anything that will offend them, they will surely approve you to use it.

if they don't approve, drop the domain.

 

Sell a domain after you have been told it is trademark infringement? I wouldn't - especially if you don't disclose it.

 

I was actually planning on doing this, so I sent them each an email asking. -- Any ideas how long it takes them to respond?

@mjewel, you seem to be very knowledgeable about this, do you think they will allow me to use it?

Thanks for all your help guys

 

I think the chances are about a little less than zero. There is no benefit to them (they already rank #1, and why would they want to compete with a site other than theirs), and drawing up a licensing agreement would probably cost them over a thousand dollars in time, and then they have to monitor the site to make sure it is in compliance with their terms. The only time it is usually allowed is if a company is an authorized dealer - and even then, it's rare.

 

Try contacting HTC or Sprint and get permission to use the trademarks under fair use and non-competitive

 

You keep posting this nonsense. Nothing about it is fair use or non-competitive.

 

If whoever buys it gets into legal trouble, they're probably going to drag you into it and say that you were the seller.

 

If you are that worried go and get some professional advice. You cannot rely on the fact that the information you have received here is correct. No offence to anyone who has given advice here.

 

That's always the case with asking legal questions online, but it is pretty clear that using a trademark in a domain name to promote the same or similar products or services that are covered by the trademark IS infringement. What someone does with that information is up to them.

 

If they will be bothered by this they will send you an email asking you to drop the domain or something.. they will take action only if they tell you to do something and you would not.

 

I thing dropping the domain is better.