Please Need Experts' Emergency Help! QUICK

Discussion in 'Domain Names' started by Sherlock, Apr 24, 2007.

  1. #1
    I need some instant help. My friend told me that you cannot buy a domain which has a trademark on it.
    For example: Lets suppose www.microsoft.cc is avialable. My friend says that you can not buy it because the website www.microsoft.com is a company or trademark. He also says that if you buy it then Microsoft will sue you and snatch that domain from you. :mad:
    He also told me that there is a difference between a trademark website and a regular site.
    Lets suppose www.alexa.us is available. Can I Buy it????
     
    Sherlock, Apr 24, 2007 IP
  2. Skinny

    Skinny Peon

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    #2
    I wouldn't recommend doing that.

    If a trademarked name has been registered and then you purchase a domain with the trademarked term in the name then they can ask you to give them the name.

    Even if a site doesn't have a trademark they may still be able to get the rights to the name by simply proving that they used the term in a commercial way before you did.

    I would stay away from these names.

    Skinny
     
    Skinny, Apr 24, 2007 IP
  3. hmansfield

    hmansfield Guest

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    #3
    Just asking for trouble. Those domains will do you no good.
    It is obvious what your intentions are, and you will get killed in any legal matters.
    Why would you want to antagonize people with tons of money and a building full of Lawyers? You got unlimited resources?
     
    hmansfield, Apr 24, 2007 IP
  4. elleve

    elleve Well-Known Member

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    #4
    don't do it, you'll get sued if they notice you.
     
    elleve, Apr 24, 2007 IP
  5. eddy2099

    eddy2099 Peon

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    #5
    Don't go buy domain names which are similiar to the big sites around because if you try to fight with their legal department, the legal cost may drive you to bankruptcy and to them, it is just a drop of water in their wealth of resources.

    It is like provoking a harem of hyenas, not the wisest thing to do. Of course if you have the finances which matches or is greater than the company you are trying to incite trouble then your best course of action would be to launch a takeover bid and once it is completed you can own the name legally ;)
     
    eddy2099, Apr 24, 2007 IP
  6. Your Content

    Your Content Banned

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    #6
    This is more likely a legal issue to discuss in the corresponding forum, but indeed, don't mess with any variation of copyrighted/trademarked names for your own sake.
     
    Your Content, Apr 24, 2007 IP
  7. htmlindex

    htmlindex Prominent Member

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    #7
    You can, but not a smart move as there are TM issues & you can have the name taken off you & they can sue you
     
    htmlindex, Apr 24, 2007 IP
  8. OMI

    OMI Peon

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    #8
    You'll lose it in court or they'll send you a C & D so you can't use it anyway.
     
    OMI, Apr 24, 2007 IP
  9. dnmart

    dnmart Peon

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    #9
    All above is true for US. However, if you are based elsewhere and you are buying international TLDs, you could get away with it. There were cases certainly in China, but also in other countries where court decided in favor of the domain speculator and the trademark owner had no option than to shell out.

    Not that I recommend doing that anyway.
     
    dnmart, Apr 25, 2007 IP
  10. Sherlock

    Sherlock Well-Known Member

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    #10
    Ok Now i'm going to tell the truth.
    There is a domain name available with name "alexa".
    But alexa has no trademark sign on its logo. Its i suppose a ®.
    Check On: www.alexa.com
    But on the other hand "google" has a trademark sign.
    See: www.google.com
     
    Sherlock, Apr 25, 2007 IP
  11. Sherlock

    Sherlock Well-Known Member

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    #11
    Secondly Amazon Owns Alexa or Google Does. But both google and amazon are companies but alexa isnt???? Right????
     
    Sherlock, Apr 25, 2007 IP
  12. htmlindex

    htmlindex Prominent Member

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    #12
    I wouldn't try to get the name. It's asking for problems later on IMO
     
    htmlindex, Apr 26, 2007 IP
  13. pj1s

    pj1s Active Member

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    #13
    If your name was Alex Andersen and you actually used the site ... Not making some copy crap or parking scam - there wouldn't be a problem. Especially if the domain has been available for some time.

    But it all depends on what .tld it is and what the countries laws say - and what similar rulings preceed.
     
    pj1s, Apr 26, 2007 IP
  14. Dave Zan

    Dave Zan Well-Known Member

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    #14
    Neatly summed up. But unless otherwise stated by any applicable law or policy
    involved, no 2 decisions or so are compelled to be the same.

    Sherlock, there's no requirement under US law for a US-based entity to show
    the TM or R symbol anywhere on their site, although doing so gives notice of
    such. What they're minimally required to do is demonstrate they're using the
    term/s in commerce.
     
    Dave Zan, Apr 26, 2007 IP
  15. Sherlock

    Sherlock Well-Known Member

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    #15
    But i dont live in USA, can i buy the alexa doamin, please........................................................and then could i sell it? :p
     
    Sherlock, Apr 28, 2007 IP
  16. Dave Zan

    Dave Zan Well-Known Member

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    #16
    You can. And alexa can file a trademark infringement dispute, too.
     
    Dave Zan, Apr 28, 2007 IP
  17. lipps46

    lipps46 Peon

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    #17
    lipps46, Apr 28, 2007 IP