What if i developed domain name contains "iPod" or "Apple" ? like IpodTouch.net, AppleStores.com, etc.. ? is there any Legal Issue ? Have you tried before ?
Yes, the legal issues are called trademark infringement. Whether you get caught or not depends on how active Apple decides to get in searching for infringing domains. What happens to you if you do get caught depends on the content of the site and how nice Apple's lawyers are when they do find it. What would be likely to happen is they would issue a notice to give up the site or face legal charges or try to get it through a UDRP. Not much would happen if you comply, except that you would lose all the work you put into omptimizing the site for SERPS without compensation. Oh, and it would count against you in any future disputes (whether with Apple or somebody else). What could happen is they decide to be really mean and actually take you to court for trademark infringement which could cost you hundreds of thousands in fees and fines. It's not likely they would do this to somebody without money (bad pr - that public relations, not page rank), but it is possible. Either way, it's just easier not to do it.
yeah it is definitely trademark infringement and they will eventually come after you. Steer clear is my opinion.
yeah it is definitely trademark infringement and they will eventually come after you. Steer clear is my opinion.
You could probably do something like applestores.com, but it would have to be about fruit stands, apple orchards, or farmers markets.
that mean you can have apple in your domain name, but you cannot at the same sell 'apple" products on your site
That's basically what it means. Otherwise it could be claimed that consumers would likely be confused into thinking the website was endorsed by Apple. If the site is about actual apples (fruit), or something not related to computers and Apple products, then it is clear the site is not related to the company Apple. Of course, if your domain was applecomputers.com then it wouldn't matter what was on the site. The domain would be seen to clearly violate trademark.
I beg to differ... it is actually what you do in your website that counts. There are a lot of companies out there who use questionable tactics to coerce people into doing what these companies want them to do. Far too many rights holders have adopted approaches that infringe upon the rights of the innocent. Know your rights and you will be fine. SGFB
Very good and helpful discussion here I have question: Is it a problem if I register misspelling similar domain.For example instead of MyIPod.com, MyIod.com? Can someone explain that?
Here is Apple's link to the legalities of anyone that wants to use any form of ipod, iphone et cetera. I believe you have to be an authorized dealer/reseller to use it. http://www.apple.com/legal/trademark/guidelinesfor3rdparties.html
If the site had anything to do with ipods, they could still get you for trademark infringement with misspellings.
If it can be shown that the domain name is "confusingly similar" to anything to do with Apple Computers, then they can take action against you. Please see the definition of the term confusingly similar at wikipedia http://en.wikipedia.org/wiki/Confusing_similarity Its expensive for any company to take litigation against all the offenders so big companies dont do it all the time which is why you see alot of sites with iphone or ipod in them and you immeidately think "well if they can do it then it must be okay then" and it would be true until you get under apples skin. (apple skin?) If you get under Apples skin then be prepared becasue you will probably get owned. Its a risk to register ipod or iphone domains nd really your choice to take that risk. Its not actually illegal to register domain names with ipod in it. Its not even illegal to trade with that name even AFTER apple have complained. However you could get burned with court costs etc and damages if apple want to own you. So again I say.....ITS RISKY.
In most countries, it is illegal to register domain names with intent to infringe on a trademark. However, it is a mostly civil issue meaning that generally you can be sued but you won't go to jail. If it weren't illegal, then they wouldn't be able to win a lawsuit in the first place.