Is my-space a copyright violation?

Discussion in 'Legal Issues' started by checksum, Dec 3, 2006.

  1. #1
    We all know using the word myspace can result in serious legal repercussions, I'm wondering if it's the same for my-space? :confused:
     
    checksum, Dec 3, 2006 IP
  2. NoahM

    NoahM Peon

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    #2
    Real newbie question here, but can you give an example of how using the word myspace would result in legal repercusions?
     
    NoahM, Dec 3, 2006 IP
  3. checksum

    checksum Notable Member

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    #3
    Myspace has the word copyrighted so if you're found using it in a domain name they can take the name, and if you're using it to sell something I believe they can sue you.
     
    checksum, Dec 3, 2006 IP
  4. NoahM

    NoahM Peon

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    #4
    They have it trademarked right? I don't think you can copyright a term or a business name.
     
    NoahM, Dec 3, 2006 IP
  5. checksum

    checksum Notable Member

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    #5
    Trademarked, I meant that. :(
     
    checksum, Dec 3, 2006 IP
  6. Silver89

    Silver89 Notable Member

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    #6
    really???

    myspaceprofilegame.com
     
    Silver89, Dec 3, 2006 IP
  7. NoahM

    NoahM Peon

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    #7
    Check out these two articles.

    http://www.web-source.net/trademark.htm
    http://www.webpronews.com/topnews/topnews/wpn-60-20061102MySpaceForTrademarkInfringement.html


    If I were you I'd brainstorm other domain names.
     
    NoahM, Dec 3, 2006 IP
  8. mjewel

    mjewel Prominent Member

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    #8
    Adding a hyphen does not get around trademark infringement. Similar spellings, adding words to a trademark name i.e. "bestmyspacecodes", even phonetic spellings can be trademark infringement. It usually comes down to the content on your site. If the content is about "myspace - the portal" or a similar usage - it's trademark infringement - and myspace has already filed some federal lawsuits against the larger sites to make a example.

    If your sites content is about something completely different "i.e. how to organize closets" then you would lower your legal exposure (any trademark holder can sue you for infringement, and even if they lose, you're stuck paying your legal costs).
     
    mjewel, Dec 3, 2006 IP
  9. Dave Zan

    Dave Zan Well-Known Member

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    #9
    And don't forget that some trademarks are more "famous", especially if based
    on long time made-up terms (e.g. kodak, ebay, xerox, etc.). One company is
    currently in Court trying to prevent ebay from seizing control of the domain
    name because it bears the word "ebay" in it, even though their usage for it is
    unrelated.

    To the others asking this, I ask this: why even consider registering a variation
    of the trademark if you intend to somehow get a free ride on their hard work?
    Would you appreciate someone riding off your hard work only for their own
    selfish benefit?

    Many problems can be avoided if you only considered what it would be like if
    the shoe's on the other foot.
     
    Dave Zan, Dec 4, 2006 IP
  10. Silver89

    Silver89 Notable Member

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    #10
    yer but your providing serviices for their site, its like a sub diorectory in my opinion

    Human Rights surely
     
    Silver89, Dec 4, 2006 IP
  11. slipxaway

    slipxaway Active Member

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    #11
    it doesnt matter if you are providing services for their site or not... They provide their own services, if they wanted the services you offer, they'd just implement them.
     
    slipxaway, Dec 4, 2006 IP
  12. mjewel

    mjewel Prominent Member

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    #12
    You're exactly right. Many people mistakenly think it's "ok" if their site is positive or "free advertising" for the company. It's trademark infringement and myspace has made it pretty clear by filing lawsuits that they don't want anyone using their name if it conflicts with their usage. The smaller your site, the less probably they are going to discover you - but increasing your traffic means myspace is even more likely to discover/come after you and take the domain away. Why spend all that time establishing a site on a domain that's infringing upon an existing trademark?

    There are several trademark holders of "myspace" - but each has a particular trademark classification.
     
    mjewel, Dec 4, 2006 IP