I am thinking of registering a .com domain name after a car brand name. A new car brand which can be popular on coming days. Is it worth to do so
Firstly, I'm really surprised it's not already registered - I take it you're talking something like registering toyotayaris.com? If so, then you've got a potential trademark issue. Registering that domain would not be illegal - and you might be able to monetise it through parking, or affiliate content or adsense etc - but you have to be aware that if Toyota (or whoever it is) file a trademark complaint then they'll be granted the domain almost instantly and you probably won't have a chance to hold onto it. So it's a risk - you could register it today and have it taken off you tomorrow (and you won't get a refund on your registration fees) or you could register it today, hold onto it for ages and make some money out of it.
It's trademark infringement - you can be sued and/or have the domain taken. There are also Federal anti-cybersquatting laws which can carry hefty penalties - up to $100,000 per domain, plus attorney fees.
If you'd like to have a potential TM lawsuit brought on you & have heaps of money to blow on the lawsuit & compensation, then the answer is yes. If you'd rather not go through all that trouble, then the answer is no.
Registering brand names, be it a car manufacturer/model or any other TM is a really bad idea. At best you could lose the domain and waste the reg fee. At worst you could be sued.
It doesn't matter as per my knowledge about ICANN rules. More to say Trademark has nothing to do with domains. Both are different things. You can register any domain till it available to register. Exactly not so. Say Samsung is the Trademark and Patent. He may have samsaung.tld/cctld/ctld as per availability, but he can't act the domain with a site as the Samsung business. Until he don't do anything with the domain and the site against Samsung, there is no issue. More to say, for example you have registered a domain like digitalsellpoints.ctld/cctld/tld today and somebody registers a company name Digital Sell Point (Ltd or Inc or whatever) 2 months later. Does that company has the right to claim any lawsuit against the domain which was registered before their existance?
You have absolutely no clue about what you are posting and everything you posted should be ignored. Coined terms have very broad protection. Research what happened to John Zuccarini for registering famous marks in domains.
I think You should see what ICANN say about UDRP. Kindly have a look at UDRP points. To claim any lawsuit by Trademark owner, he/she need to do the following: But what I said is, the Trademark owner only matches the Criteria 1 only, until the registered domain owner acts like the Trademarked business. Again, I said: register any domain if available but don't act as the Trademark owner's business.
And like I said, you don't know what you are talking about, so don't post about something you obviously have no knowledge of. The OP registering a domain after a brand of car to take advantage of it's upcoming popularity (i.e. rider their goodwill) would match all three. Additionally, a TM holder doesn't have do to file a UDRP, they can just decide to sue you - and they also can also do both. Here is the decision for a domain that contained "buick" in it: http://www.wipo.int/amc/en/domains/decisions/html/2007/d2007-0279.html
Well, you can get in trouble for trademark and copyright issues. However, some online games allow users to make their own fan site - with their brand name included. Like, these websites contain the brand name "Neopets" in it, and yet, they're still online so that goes to show you fan sites sometime get away with things. http://www.thedailyneopets.com http://www.neopetsfanatic.com So, basically it all depends on how popular the brand is, and if they allow you to use their name in your domain.
I think you need to mind 1 point stated clearly in the same source ou have given. I have quoted: And my point is Here comes the game of Domain owner. And Transfer is not Free. So the Topic starter can take this advantage. When case will be filed, he can charge for the transfer as per ICANN rule.
Stop posting crap. There is no transfer fee paid - the Plaintiff gets nothing and can also be sued for damages plus treble the registered TM holders legal costs of the lawsuit. You could easily be looking at owing six figures.
Man, go with the topic issue. Kindly don't divert. The new car yet not launched. Nor the it is important that the Car Manufacturing company should have a Trademark of every Models of the car. Be realistic, than giving some example. Having a Trademark doesn't mean you are the owner of this word(Trademark) in everywhere of this world. If the topic starter has the game plan, then what is lawsuit? No law can grab down if handled carefully and planned. Law!!!! I wonder if it exists for weaker.
don't do it. car company/manufacturers are owned by wealthy people and getting trouble with them is such a bad idea.
With the loads of cash a car manufacturing company makes. Why wouldn't they trademark every model of a car? I would.
One more thing, There is something like PATENT & COPYRIGHT beyond TRADEMARK also. Its upto the topic starter. If he can fight then he will win. Whatever it is, in any fight he wins who fights stronger. I would suggest the topic starter to have the PATENT registration of the car's model name if available. Then he can fight the best to win.
Are you trying to sound stupid? Why don't you find a forum that welcomes legal guesses by people without a clue. First of all, we are talking about US law because that is what ICANN follows. They are who will take your domain. What other countries do or don't doesn't matter. In the US, you acquire a trademark by being the first to use it in commerce, for a particular class. In the context of a car brand, that is all that matters. The car company OWNS the word/brand/mark. No one else gets to come along and ride their mark. The cost to hire an attorney to fight a WIPO action is about 4 to 5 thousands dollars. Even if you win, the TM holder will just sue you and you'll need to spend another hundred thousand minimum to see it through the courts. That's game over for you, because you couldn't even afford to fight a WIPO. Now you may happy living the life of a rat that doesn't care about losing a lawsuit because you don't have anything and never plan on having anything, so your reasoning is that they can't collect from someone who doesn't have any money. Brilliant. Go ahead and try to steal the IP rights of someone else. Let's see how far you get with it - but don't post any more rambling bad advice on these forums. Thanks.