Is "about.com" trademarked ?

Discussion in 'Legal Issues' started by rowen77, Mar 14, 2008.

  1. #1
    For example, if if make a website torontoabout.com, is that okay?
     
    rowen77, Mar 14, 2008 IP
  2. danger9918

    danger9918 Well-Known Member

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    #2
    LOL, of course you can use it in a domain name, about is a general word. unlike google or microsoft for example which are brand names
     
    danger9918, Mar 14, 2008 IP
  3. MikeCL

    MikeCL Peon

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    #3
    well, I agree with danger9918 because about is a general word it would be REALLY hard for about.com to sue you for anything unless you directly implied it to your website...
     
    MikeCL, Mar 14, 2008 IP
  4. rainborick

    rainborick Well-Known Member

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    #4
    "About.com" is trademarked. "About" is a common word, but the combination "About.com" is what the trademark would cover and would likely be enforceable as far as ICANN is concerned, if not the US courts. Its always risky to try to capitalize on another company's name. Even if you don't get sued and manage to get away with it for a while, there's a good chance that your site will be shut down at some point and your hard work will be for nothing. If you have any long-term dreams for this site, I'd pick a different name.
     
    rainborick, Mar 14, 2008 IP
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  5. mjewel

    mjewel Prominent Member

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    #5
    That's not true. Apple is a generic term, but there are very strong trademarks established in various classifications.

    It really depends on the usage of "About" - i.e. About.xxx could be subject to trademark protection if it was used in a similar manner, where "aboutplayingpoker.xxx" etc. wouldn't likely be seen as infringing upon their mark.

    A name doesn't need to have a Federal Registration to have protection. First use in a classification establishes common law rights without any type of trademark filing.

    There is no way to answer a trademark question without knowing the exact name and type of usage. Even then, a lot of trademark law falls in a grey area that can go either way in court. If the mark holder decides they believe you are infringing, are you will to spend tens of thousands of dollars defending your position? Even if you win, you are unlikely to be awarded your legal costs. If the registered mark holder wins, they can be awarded damages and treble their legal fees.
     
    mjewel, Mar 14, 2008 IP
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  6. Pixelrage

    Pixelrage Peon

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    #6
    I think the thing that really determines how risky it is, is if you enter the same business category. So, if your torontoabout.com site became a free info site just like about.com, it would undoubtedly attract some kind of legal response...
     
    Pixelrage, Mar 14, 2008 IP
  7. Folagi

    Folagi Well-Known Member

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    #7
    wront topic. >.>
     
    Folagi, Mar 14, 2008 IP
  8. cogger

    cogger Peon

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    #8
    So with your point of view here any domain name with the word "about" in it can be sued? If this was the case than only 1 word names (only pre tense). Domains would be only limited to the dictionary (pre tense)

    I have a bunch of "Learn Theme" names, should I be concerned over Learn.com?

    If this where true than there would only be One Bank with 50,000 branches instead of BankofNewYork, BankofBoston, etc....
     
    cogger, Mar 14, 2008 IP
  9. ujjawal_98102

    ujjawal_98102 Peon

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    #9
    i dont think so!~
     
    ujjawal_98102, Mar 14, 2008 IP
  10. Dave Zan

    Dave Zan Well-Known Member

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    #10
    Sure. Whether it'll prosper or not is a different story.

    Take the word delta. It's being used by an airline company, a faucets maker,
    and a bicycle manufacturer.

    The airline company is using delta.com to advertise their airline services. But
    it's not infringing the other 2 parties' use for selling faucets and bicycle parts
    because of their distinctive and respective goods.

    Now, the other two could try to sue the airline company. But they currently
    have zero chances of winning since delta.com is used exclusively for flights,
    not faucets or bicycles.

    Then again, nothing stops someone from suing another, especially if they got
    a "visible" claim. But that doesn't mean the other party may not be unable to
    challenge it.

    You don't think, that's the problem. Start thinking before posting nonsense.
     
    Dave Zan, Mar 15, 2008 IP
  11. RelevantBuZZ_PR

    RelevantBuZZ_PR Guest

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    #11
    I'm fairly certain that about.com has a legal team. When in doubt, ask the source.
     
    RelevantBuZZ_PR, Mar 15, 2008 IP
  12. cogger

    cogger Peon

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    #12
    If it is visable attempt to infringe then yes it is a problem, I agree. If Delta Bikes started a flight service then they would have a major problem.

    But to do a innocent site about Toronto to me is harmless. Same with all my "learn themes"

    And "Delta" is a geographic generic term. Maybe that is why it is shared. I don't know, not a lawyer, but I sense.
     
    cogger, Mar 15, 2008 IP
  13. RelevantBuZZ_PR

    RelevantBuZZ_PR Guest

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    #13
    What's in the name can lead to issues even though it shouldn't. The case can be made with Apple Corps (The Beatles record company) vs Apple Inc. (Apple Computer). Even before iPods and iTunes were established roughly 30 years ago Apple Corps sued for Trademark infringement. Clearly, Apple Computer was not a record company. Nevertheless, Apple Computer settled with $80k and stipulation that they would not get into the music industry.
     
    RelevantBuZZ_PR, Mar 15, 2008 IP
  14. Spider-Man

    Spider-Man Banned

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    #14
    There's nothing wrong with having 'About' or 'Apple' in your domain name, such as creating subdomain like about.domain.com, or even registering aboutqhrfjgdrhf.com, or even to the extreme, applesmakemyheadspinrounduntilitfallsoff.com.

    At the end of the day, registering such a domain could become priceless. Say you registered 'AppleMac.com' (which coincidentally has already been registered, either Apple would take you to the ICANN and you'd lose an $8 registration fee, or they'd pay you a lot to take the domain off your hands. Certainly worth the risks, IMO. Especially if you did it to some massive company and someone publicly announced the stories, imagine the entire world's press readers visiting your site with adverts on it:D
     
    Spider-Man, Mar 15, 2008 IP
  15. RelevantBuZZ_PR

    RelevantBuZZ_PR Guest

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    #15
    It doesn't quite work that way but I like your thinking, Spider-Man. :)
     
    RelevantBuZZ_PR, Mar 15, 2008 IP
  16. mjewel

    mjewel Prominent Member

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    #16
    Cybersquatting will get you a fine of up to $100,000 - and there is nothing that prevents the trademark holder from suing you for TM infringement and having you pay treble their legal fees. Try registering a domain about "barbie dolls" and see how long it takes you to get served by Mattel.
     
    mjewel, Mar 15, 2008 IP
  17. Spider-Man

    Spider-Man Banned

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    #17
    Not if you put the domain to 'good use' while you own it - ie. a domain, such as applepc.com, would (and is) worth a fortune. There'd be nothing they could do if you used it to, for example, write about your company Apple PC, or write about Apple and PC's. They could, however, force the domain off you if you were making profit from their name explicitly, for example, buying appel.com in the hope somebody does a typo.

    Further to that point, there's very little internationally-agreed laws which I must abide by, so Apple - a US registered company - could so sweet f.a. in this case.
     
    Spider-Man, Mar 15, 2008 IP
  18. mjewel

    mjewel Prominent Member

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    #18
    LOL, you obviously don't have any real experience in TM law. No internationally agreed upon laws? Try reading up on the Madrid Protocol. ICANN can take any .com and other tld's they manage domain (except UK) (they are a US company) and follow their own rules (which you agree to when you register a domain). I don't care if you live on the moon, they can take it.

    Now research how PerfumeBay.com lost their domain even though the site was not about eBay..... and btw, Apple is a protected TM for anything PC related. I don't care if Apple PC was your real name, you can't use it for computer pc's without infringing upon their International mark. Not all companies sue for TM infringement, but that doesn't mean they couldn't take the domain or sue you if they wanted.
     
    mjewel, Mar 15, 2008 IP
  19. Spider-Man

    Spider-Man Banned

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    #19
    You get wireless on the moon?!:eek:
     
    Spider-Man, Mar 15, 2008 IP
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  20. Dave Zan

    Dave Zan Well-Known Member

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    #20
    It's probably easy to say that if you and the trademark holder are beyond one
    another's reach, and if you don't mind losing a $7 to $10 a year .com domain
    name to a lawsuit in the U.S. But not everyone is in your comfort zone, more
    so if the trademark holder is capable of enforcing the law on them.

    That being said, the OP's question is if torontoabout.com is okay. I myself am
    wondering "okay in what sense?".

    If the OP's worried it might infringe some party's trademark rights, then simple
    answer is to ensure it's not likely to cause confusion. Likelihood of confusion is
    where domain-trademark disputes boil down to, bad faith or not.

    Of course, the more complex answer is how to ensure confusion won't happen
    and what other possible issues there might be. Domain problems aren't limited
    to potential trademark disputes.

    So the OP pretty much has an idea of one issue to be concerned about. What
    those other things s/he is "okay" with, beats the heck out of me.

    Oh, and Spider-Man, just to give you more things to research, you might want
    to look up famous, unique, arbitrary, and suggestive trademarks.
     
    Dave Zan, Mar 16, 2008 IP