Apple and use of their trademarks in domain name

Discussion in 'Legal Issues' started by cmeinck, Jan 15, 2007.

  1. #1
    I purchased the domain everythingiphone.com from a reseller back in April of last year and have been following the rumors ever since. Luckily for me, Apple actually announced the iPhone last week. I just started reading the stories about Apple going after domains with their "trademark" as a secondary name. Apple doesn't currently own or have rights to use iPhone, but I suspect that will change by the time the product is launched. They seem to have gone after many iPod sites and many have switched their site name and domain. It appears that some including everythingipod.com, simply changed their logo but retained their domain. They call their site Everything Network. For me, the domain is king. I plan on taking pro-active steps to avoid any legal issues with the folks from Cupertino. As soon as it's finished, I'll be changing the site logo to everything followed by an icon of the iPhone. I also have a disclaimer in place.

    I was curious if anyone had any further insight into what has happened in previous cases and steps I can take to prevent Apple from having an issue with my site and more importantly my domain.

    Thanks in advance.
     
    cmeinck, Jan 15, 2007 IP
  2. mad4

    mad4 Peon

    Messages:
    6,986
    Likes Received:
    493
    Best Answers:
    0
    Trophy Points:
    0
    #2
    I just interviewed an attorney about the iPhone trademark case.

    A lot would depend on whether your site is operating from somewhere that Apple (or Cisco) has a trademark. It may be that iPhone in the US is owned by Cisco and Apple has the trademark in Europe.

    Until they resolve the dispute then you are safe I expect.
     
    mad4, Jan 15, 2007 IP
  3. chamatkaribaba

    chamatkaribaba Peon

    Messages:
    75
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #3
    It depends on for what purpose you use your websites, In this case because of use of ipod and the huge popoularity of it, you may face some problems but by putting disclaimer, u have kept urself little in safe. But, I suggest you not to take any risks.
     
    chamatkaribaba, Jan 15, 2007 IP
  4. ServerUnion

    ServerUnion Peon

    Messages:
    3,611
    Likes Received:
    296
    Best Answers:
    0
    Trophy Points:
    0
    #4
    As a same bet, stay away from trademark names within the domain.
     
    ServerUnion, Jan 15, 2007 IP
  5. CountryBoy

    CountryBoy Prominent Member

    Messages:
    8,970
    Likes Received:
    754
    Best Answers:
    0
    Trophy Points:
    360
    #5
    I wouldn't worry about the iPhone trademark - apparently Apple don't own it themself! There's a court case going on at the moment between Apple and Cisco, who registered the iPhone name as a trademark years ago.
     
    CountryBoy, Jan 16, 2007 IP
  6. k2hawaii

    k2hawaii Peon

    Messages:
    33
    Likes Received:
    2
    Best Answers:
    0
    Trophy Points:
    0
    #6
    If you have registered your site earlier than Apple trademarked it, you are ok. they'll buy it, no lawsuits.
     
    k2hawaii, Jan 22, 2007 IP
  7. cmeinck

    cmeinck Active Member

    Messages:
    468
    Likes Received:
    15
    Best Answers:
    0
    Trophy Points:
    60
    #7
    I purchased it in April of last year. It's been registered for awhile before then. I'm not looking to sell the domain, as I think it will be a successful site. I just want to do what I can to protect myself.
     
    cmeinck, Jan 22, 2007 IP
  8. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #8
    And what are you prepared to do if the OP does get sued? Do you seriously
    think only one condition is sufficient to prevent a potential problem like that?

    If you answer yes, then I suggest you do some further research. Your answer
    here isn't giving the OP the complete picture.
     
    Dave Zan, Jan 23, 2007 IP
  9. tke71709

    tke71709 Peon

    Messages:
    536
    Likes Received:
    11
    Best Answers:
    0
    Trophy Points:
    0
    #9
    So after they spend a few million or so figuring out who does own it you think they'll just let every nickel and dime website use it?

    They'll be sending out C&Ds at an unheard of rate after spending all that cash to enforce their trademark.
     
    tke71709, Jan 28, 2007 IP