Trademark domains

Discussion in 'Domain Names' started by buyonaut, May 16, 2007.

  1. #1
    I have found few domain names that are actually trade mark, like coca cola for example (no it is not free...). What is the policy about buying such names? Can I park it is there any problems?
     
    buyonaut, May 16, 2007 IP
  2. painthappy

    painthappy Peon

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    #2
    Not sure.. better read this thrad:

    forums.digitalpoint.com/showthread.php?t=333360

    Doesn't look good.
     
    painthappy, May 16, 2007 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    There isn't any. However, there are decisions and guidelines drawing the lines.

    You can park it. But it can also cause problems if the trademark holder thinks
    you're commercially riding on their trademark rights.
     
    Dave Zan, May 16, 2007 IP
  4. inworx

    inworx Peon

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    #4
    Dont buy domaisn like microsoft.org .in .cc.moi etc or similar for cocacola

    payPalsucks.com is such site running without any problem even paypal is copyrighted name
     
    inworx, May 17, 2007 IP
  5. ReadyToGo

    ReadyToGo Peon

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    #5
    If it's an obvious TM infringement, you may have some problems.
     
    ReadyToGo, May 17, 2007 IP
  6. buyonaut

    buyonaut Active Member

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    #6
    Ok I bought playboy.us.com but I guess the word playboy doesn't belong to Hugh or anybody else. However Sedo didn't allow me to park it claiming that is TM. I think it is bullshit because nobody can own a word and it is a word. Coca cola and microsoft and macdonals are different but not this one. However I will park it somewhere else..
     
    buyonaut, May 17, 2007 IP
  7. Dave Zan

    Dave Zan Well-Known Member

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    #7
    Nobody can own a word. But those who can show trademark rights can stop
    others from using a similar term for a similar purpose.

    If you still think that's BS, you clearly know little to nothing about trademarks.
    You might want to read up a little more on the subject if you're interested.

    What people believe doesn't matter if any applicable law or decision says no,
    you can't specifically do this if you're infringing their enforceable rights.
     
    Dave Zan, May 17, 2007 IP
  8. Markith

    Markith Peon

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    #8
    You can trademark a word...ex. Larry the cable guy "Get er done" Paris Hilton "thats hot" , theres a bunch

    When it comes to domains it really depends how closely related your domain is to the TM, and what your promoting on it.

    Ex. (stupid i know)

    if you have Microsift.com and promote/sell software you'd be in trouble
    if you have Microgift.com and promote/sell gifts you would be ok.

    and you most definitely would not be able to use the "microsoft" name and make $ from it.

    Here are a few interesting articles:

    http://www.clickz.com/showPage.html?page=3624599

    http://www.web-source.net/trademark.htm
     
    Markith, May 18, 2007 IP
  9. waffles

    waffles Peon

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    #9
    Actually, you can use the Microsoft name. Trademark goes for the domain that the name is in, which is why you can have Apple computers and Apple records. They're too different things and have the same name.

    The problem comes when you realize that big companies like Microsoft have the money to take you to court, and if you don't have money they'll win by default.

    Also, you can't copyright a phrase. People have been saying 'Get er done' and 'That's hot' for a long time, and those celebrities using it as a catch phrase doesn't make it legally their property.
     
    waffles, May 18, 2007 IP
  10. Markith

    Markith Peon

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    #10
    Waffles your right...take Nissan.com for example
     
    Markith, May 18, 2007 IP
  11. Dave Zan

    Dave Zan Well-Known Member

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    #11
    Just Do It is trademarked by Nike. The problem with some people is they have
    little to no understanding of how to establish a trademark for a term or so.

    Or even if they've seemingly obtained a "common law" trademark right, their
    application at the USPTO gets rejected. That's what recently happened to Mr.
    Trump for "You're fired".
     
    Dave Zan, May 18, 2007 IP
  12. threedogs

    threedogs Peon

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    #12
    Hi -

    I actually HAVE a domain name (no - several, because I got the .com, .org, & .net versions of the same name) with a copyright name in it. Because of my concerns about the legal issues, I haven't done anything with them. :confused:`

    Lynne
     
    threedogs, May 22, 2007 IP
  13. DailyExpirations.com

    DailyExpirations.com Peon

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    #13
    Stay Away From Them
     
    DailyExpirations.com, Jun 14, 2007 IP