can a domain incidentally have a company name it?

Discussion in 'Legal Issues' started by paolodit, May 15, 2007.

  1. #1
    Quick question. I want to rename my blog. And the name I have in mind is not on purpose related to another company, but has their name incidently in it.


    e.g. I may want my blog to be called "orangesoup.com" , But it has the word "orange" in it, which is the name of a global mobile phone company.

    However my blog is not telecoms related, nor am I trying to steal "orange" traffic, would this be allowed?

    Particuarly as the company "Orange", is a word that was in common parlance before they branded themselves.

    thanks!
     
    paolodit, May 15, 2007 IP
  2. paolodit

    paolodit Peon

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    #2
    btw. I am not going to call my blog orangesoup! even though its a nice name
     
    paolodit, May 15, 2007 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    The world delta is used as a trademark by an airlines company, a hotel, and a
    faucets manufacturer. The airlines is using delta.com for airline services, and
    isn't currently infringing the other 2.

    Does that help?
     
    Dave Zan, May 15, 2007 IP
  4. eddy2099

    eddy2099 Peon

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    #4
    In the end, IMHO, I believe it all boils down to 'intent'. If you plan to exploit a particular known brand name by registering a domain name based on it then you might not be doing the right thing. If you do it unknowingly then well that is a different issue altogether.

    For instance, if you register a domain name 'orange soup' and blog about ways of making soup with orange as an ingredient or soup which are orange in color, it would not be confused with orange the mobile phone company.

    If however, you set up your website selling cellphones with the 'orange' name in it then you may be seen as exploiting the situation and or trying to confuse the visitors and that would be bad.
     
    eddy2099, May 15, 2007 IP
  5. inworx

    inworx Peon

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    #5
    Since you are starting blog about orange soup, thats fine but dont go ever in telecom market as orange would revoke it then!
     
    inworx, May 16, 2007 IP
  6. kodut

    kodut Well-Known Member

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    #6
    i think if the field of your"orange company " and the niche of your "orange soup" match and you try to exploit the "orange companys" names is promoting your "orage soup " then you could have a call from lawyers of orange
    unless remain happy
     
    kodut, May 16, 2007 IP
  7. Kontent.solutions

    Kontent.solutions Peon

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    #7
    You can't use "Microsoft" but you could use "Yahoo", as yahoo is a dictionary word and "Microsoft" is copyrighted.

    This is what I've heard. If you want to be sure and want solid advice, contact good lawyers and they'll give you better advice.

    ~G
     
    Kontent.solutions, May 16, 2007 IP
  8. Dave Zan

    Dave Zan Well-Known Member

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    #8
    Good thing you told the OP (or whoever's reading this) to contact good liars...
    I mean lawyers. Your first 2 sentences aren't completely accurate.

    Yahoo and Apple are dictionary words. But both are also used as trademarks,
    and dictionaries don't dictate what is and what isn't a trademark.
     
    Dave Zan, May 16, 2007 IP