Can I use this word in a domain?

Discussion in 'Legal Issues' started by Alexandru21, Mar 4, 2011.

  1. #1
    Hello,

    I want to buy a domain that begins with the "thy" word. THY is also the code for Turkish Airlines, but I want to use it as a pronoun that means "your".
    The domain will look like thysomething.com
    Can I use it without any problem?

    Thanks.
     
    Last edited: Mar 4, 2011
    Alexandru21, Mar 4, 2011 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    That's fine as long as it doesn't show anything about Turkish Airlines or whoever is using
    THY as a trademark.
     
    Dave Zan, Mar 4, 2011 IP
  3. YogalD

    YogalD Peon

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    #3
    I'm sure it will be fine
     
    YogalD, Mar 4, 2011 IP
  4. drewtoby

    drewtoby Well-Known Member

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    #4
    above are correct to my knowledge, if you are still unsure contact your attorney
     
    drewtoby, Mar 5, 2011 IP
  5. chrisceo

    chrisceo Peon

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    #5
    Just as long as you do not try to represent or seem like you are affiliated with the airlines it should not be a problem. If all else fails, put a disclaimer at the bottom of your page "I am not affiliated with Turkish Airlines"
     
    chrisceo, Mar 5, 2011 IP
  6. mygamesnow

    mygamesnow Peon

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    #6
    thy is just a word in the english language. As long as you only use it in the context of the word "thy" and not the airline you should be all set
     
    mygamesnow, Mar 6, 2011 IP
  7. swiftapp

    swiftapp Member

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    #7
    THe only legality you can head is this that you can not use thy with an other word to make sure you dont represent the specific company.
     
    swiftapp, Mar 7, 2011 IP
  8. nando1125

    nando1125 Peon

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    #8
    Yes it is fine
     
    nando1125, Mar 22, 2011 IP
  9. Codythebest

    Codythebest Notable Member

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    #9
    I made a quick search on the UPSTO site but found nothing. YOu should be OK.
    But I have to disagree with the above comments.
    BMWUSA sent me a cease and desist for a domain beginning by "mini". It is a trademark for their Mini Cooper. Note that "Cooper" was fine, it was just "mini".
    My site was about an item and the niche was for the mini size of it. So I used www. mini item name.com Nothing to do with any kind of cars in general or any mini cooper in particular. I had to let it go.
     
    Codythebest, Mar 22, 2011 IP
  10. Dave Zan

    Dave Zan Well-Known Member

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    #10
    If your domain had absolutely nothing to do with BMW's product trademark, then it sounds
    like you actually could have used and kept the domain. Not that that won't stop them from
    forcing the issue if they felt like it, though.
     
    Dave Zan, Mar 22, 2011 IP
  11. Business Attorney

    Business Attorney Active Member

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    #11
    Although generally I generally recommend responding to a cease and desist letter, sometimes it is reasonable simply to ignore it if it is particularly over-reaching. The trademark owner's IP lawyers are highly unlikely to file suit over a common word that is being used in a manner that has nothing to do with the goods and services covered by their trademark. The lawyers know that if they file suit on behalf of their client without a reasonable basis, the defendant can seek sanctions against the law firm under the Federal Rules of Civil Procedure.
     
    Business Attorney, Mar 23, 2011 IP
  12. Dave Zan

    Dave Zan Well-Known Member

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    #12
    Yup. And I think legendary domain lawyer John Berryhill is currently doing that, though I
    don't recall the exact details of that pending case.
     
    Dave Zan, Mar 23, 2011 IP
  13. immov2011

    immov2011 Peon

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    #13
    I dont see a problem.
     
    immov2011, Mar 23, 2011 IP
  14. dlmoredotcom

    dlmoredotcom Peon

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    #14
    THYsomthing.com is OK because only THY is trademark. Like many people use domains with apple, win7...
     
    dlmoredotcom, Mar 28, 2011 IP
  15. Business Attorney

    Business Attorney Active Member

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    #15
    THIS IS BAD ADVICE. Yes, there are a lot of domains with apple. Some are not infringing, some probably are, at least until they are shut down. But simply adding another word to a trademark does not avoid an infringement if you are using the new URL for the same goods or services that are covered by the trademark.
     
    Business Attorney, Mar 28, 2011 IP
  16. razorrazor

    razorrazor Member

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    #16
    It's ok i think, but if you have doubs why not to look for other domain?
     
    razorrazor, Apr 11, 2011 IP