Is it legal to have a domain name like this?

Is it legal to register domain name such as: http://www.ipodnano.com ?

Here is another one www.cheapipodnano.com

It seems the term "ipod nano" is a trademark registered by Apple (http://tess2.uspto.gov/bin/showfield?f=doc&state=t8hnfl.2.1)

Here is another question:

Let's say if a product name or a name is not legally registered as a trademark, is it still legal to use that name for a domain?

 

There are no laws saying what domain names you can and can't register. But
there are laws and rules on what you can do with them.

Certain US laws (e.g. truth in domains act) and trademark laws limit their use.
And certain parties can still demonstrate trademark rights even if they're not
registered "formally" based on what their respective trademark laws allow.

I can register ipodnano and write a personal review. But I can't input any hint
of commercial use lest Apple might think I'm getting a free ride from their own
brand.

Bottom line: it depends how you'll use the domain name.

 

No matter what the circumstances, I would not take the risk.

 

At least in the case of "Pods", Apple vigorously defends its trademarks.
http://news.com.com/2100-1030_3-6105789.html
http://www.wired.com/news/business/0,1367,68883,00.html
http://www.gizmodo.com/gadgets/gadgets/apple-wins-again-ipopmybabycom-181664.php
[and many others]

 

If you have a trademarked name in a domain, they can push the issue no matter what the use of the website is. I have seen a case where Yahoo! has done this before and won. I wouldn't take the risk personally.

 

what if you managed to purchase the domain name "apple.com" before apple did. would they have rights to it or could you sell it to them for a ton of money?

 

Make a website with a picture of an apple tree, then sell to them for millions.

 

lol thats funny.

 

Thats seriously the first thing I would do if I went back in time. Buy a frickload of stock and domain names lol

 

see www.nissan.com

 

That's what happened with Altavista (anyone remember that one?) This guy in Ohio, I think, had the name before the Digital Equipment Corp people and it made sense because that was the name of his store. DEC sued him to try to get it from him but they had no case and finally had to give him a truckload of money.

 

Thanks that was a good read thanks for that link it was intresting.

 

That man is my hero... can you imagine what a domain name like that is worth?

 

If the company really want's it, they can take it.. but hey, it's free advertising for them in the end. right?

 

and just to mention on top, companysucks.com has also proven to be allowed, hasn't it?

 

There are various decisions allowing sucks sites. But that doesn't mean all of
them will be allowed to get away with it.

Every case is evaluated on whatever facts were presented.

 

I know, but what I wanted to say is: It depends on the content, not just the name

 

If you do a sucks site, it must be careful to follow the laws. Don't try to sell their items or ads from the site to do with their products/service.

Don't even touch mat.tel they seem to sue everyone. Search the web and see what comes up!

 

Never recommended. ASK ME.

i used to have a domain which i bought for one of my clients. then i got an email asking if iam interested selling it then after few weeks i got a complain from godaddy.com. anyway i LOST the domain for the company claiming that iam using their trademark to promote mine!

so easily they can pick it up from you with or without your permission. it will cost them $1500 but eventually they will get it.

 

Wow, great read. I still think it's nuts that some people can't even defend themselves if they don't have enough money.