I currently own 2 domains. http://www.xpsucks.com & http://www.windowsxpsucks.com Now, I am new to the whole trademark thing, so I want to ask first before I take action. If I am correct, I will not be able to use http://www.windowsxpsucks.com because it actually says "Windows XP" in it, and that is trademarked. Or at least, I cannot use it for profit. BUT I should be able to use http://www.xpsucks.com since it the term "XP" alone is not trademarked. I believe I should be able to use this site to it's full potential. I am just wondering as I am not sure about it all. Please post with what you know/believe.
It's still potentially infringing the Microsoft XP trademark if the site shows ads and/or links of competing products.
Microsoft didnt trademark the term "XP" though, that is used on some video games I have played (Return To Castle Wolfenstein: Enemy Territory). They could not have copyrighted it, thus giving me rights to use it?
The US has common law trademarks (no filing is required). If the content is related to Microsoft, the use of XP would be a trademark infringement. The exception are sites like "xxxxSUCKS" which the courts have ruled are not automatically trademark infringement, but can be protected free speech (the average person isn't going to think microsoft would operate a site with "sucks"). As mentioned, when you monetize a site (run ads, take donations, etc) you open the door to potential problems. You should consult an intellectual property rights attorney to go over your exact plans for the site. Also remember that you are dealing with a deep pocket company that has no problem spending vast amounts in legal fees - so even if you had the rights to operate a site, it wouldn't stop them from suing you (i.e. Mike Rowe) and forcing you to spend large sums of money to protect that right.