Trade Mark Question

Discussion in 'Legal Issues' started by Smithers, May 23, 2007.

  1. #1
    Ok me and my friend started up a new site www.nintendownage.com.

    Since Nintendo is trade marked (Nintendo won't care but I just want to know) if I said my site was called "Nintend Ownage" not "Nintendo Wnage" would there be any TM issues?
     
    Smithers, May 23, 2007 IP
  2. dp-user-1

    dp-user-1 Well-Known Member

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    #2
    Hmm, that's a really good question.

    The issue arises when a company has a claim that your name could be confused with and/or apparently affiliated with theirs. All I can say for sure is that you should put a disclaimer at the bottom of your site.
     
    dp-user-1, May 23, 2007 IP
  3. Smithers

    Smithers Banned

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    #3
    Yea that will be added I haven't been advertising except for my sig link.

    Nintendo allows thousands of sites with their name anyway im not too worried I just want to know what the answer to the question would be I have always wondered.
     
    Smithers, May 23, 2007 IP
  4. browntwn

    browntwn Illustrious Member

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    #4

    That type of game is not going to get you around a real trademark issue.
     
    browntwn, May 23, 2007 IP
  5. orangecuse

    orangecuse Peon

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    #5
    I agree. I was just contacted by a very well known organization about a domain that I own. Basically they demanded the domain be turned over. I had no problem with changing it over seeing how the domain was sitting idle. I ended up chatting with their senior attorney they have there and she was telling me that they search for these domains once a month and confiscate them all. So to sum it up, be prepared to let your work, backlinks, etc go to waste if at some point nintendo wants the domain. Not to mention if they realize any significant profit you make off of the site they may want a piece. Personally, I will no longer register any domain that has a trademarked name that I am aware. Ultimately it was a lesson learned.
     
    orangecuse, May 23, 2007 IP
  6. Smithers

    Smithers Banned

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    #6
    Nintendo doesn't really take domains much as the more sites about them gives them more customers that's why they allow all the Wii sites go and they actuslly sponsor some sites like GoNintendo.com
     
    Smithers, May 23, 2007 IP
  7. orangecuse

    orangecuse Peon

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    #7
    True, I guess it depends on the company. Go for it then.:eek:
     
    orangecuse, May 23, 2007 IP
  8. dp-user-1

    dp-user-1 Well-Known Member

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    #8
    Are you sure it was actually them?
     
    dp-user-1, May 24, 2007 IP
  9. stugs

    stugs Peon

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    #9
    How can you have a domain that is about Nintendo products and games and has the word 'nintendo' in the domain name, and can easily be confused with their trademark name and think you're in the clear :)

    It's like starting a forum about myspace.com called meyespace.com and saying you're in the clear because it's neither a social networking site nor includes their trademark name.

    Throw "this site is in no way associated with Nintendo of America" at the bottom and see long it will get you. If the site takes off you'll be kicking yourself for using that domain later.
     
    stugs, May 25, 2007 IP
  10. giggler

    giggler Peon

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    #10
    I agree, if there's any confusion then it's something you likely don't want to mess with. If your site were to be about other things other than Nintendo, then there won't be as much an association. Though it is a forum supporting the products and some companies are fine with it, but some will go after the smallest sites. I would think though that you will first get a "Cease and desist" email/letter before anything is done if they really oppose you using the name...but the question is same with the above post
     
    giggler, May 25, 2007 IP