Is it OK to have Microsoft in a two-word domain?

Discussion in 'Domain Names' started by qwestcommunications, Jul 22, 2008.

  1. #1
    Microsoft and one other word, or will this infringe trademark?
     
    qwestcommunications, Jul 22, 2008 IP
  2. tobycoke

    tobycoke Well-Known Member

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    #2
    IANAL & IMHO it would violate their trademark.
    Better not to do it.
     
    tobycoke, Jul 22, 2008 IP
  3. muncle

    muncle Guest

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    #3
    Do you really want a multi billion dollar company with unlimited resources and man power to get after you for trade mark infringement? I wouldn't even sniff at such domain name. It can never last.
     
    muncle, Jul 22, 2008 IP
  4. save

    save Active Member

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    #4
    You are playing with fire, if you have millions on hand for legal fees then go ahead...
     
    save, Jul 22, 2008 IP
  5. evil

    evil Well-Known Member

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    #5
    yes, choose another name
     
    evil, Jul 22, 2008 IP
  6. apeterson

    apeterson Guest

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    #6
    yes, definitely not a good idea. They are pretty stringent about that
     
    apeterson, Jul 22, 2008 IP
  7. Kayz

    Kayz Active Member

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    #7
    You know what id go for it... reap the rewards... and if Microsoft want it.. sell it to them! :D All i can see coming out of it for you is profit profit and more profit.

    They wont sue you right away.. they will make contact with you and ask you whatever they want to ask you... at which point you offer to give it to them for the same price or even more.. afterall you registered the domain name and you paid for it!
     
    Kayz, Jul 22, 2008 IP
  8. muncle

    muncle Guest

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    #8
    You really don't know much about cybersquatting, do you? If you don't know, then don't be giving advice that's entirely false. If you attempt to sell a domain that infringes on someone's trademark, it proves bad faith and will get you busted for sure. Not only will you lose the domain automatically, you will also have to pay crap loads in fines.
     
    muncle, Jul 22, 2008 IP
  9. leronford

    leronford Peon

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    #9
    If you have to ask, then you know it's probably not a good idea. I wouldn't do it if I were you.
     
    leronford, Jul 22, 2008 IP
  10. Dragoon

    Dragoon Member

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    #10
    Well if he really wants it, he can hire a lawyer and create an agreement of some type which allows him to use the domain name with some restriction of course.
     
    Dragoon, Jul 22, 2008 IP
  11. qwestcommunications

    qwestcommunications Notable Member

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    #11
    How about MS - short for Microsoft? That should be fine, shouldn't it because they don't have that trademarked, do they?

    Also, is it possible to have MSFT because thats their stock ticker code?

    At the moment I am trying to come to a maketable name.
     
    qwestcommunications, Jul 23, 2008 IP
  12. Dave Zan

    Dave Zan Well-Known Member

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    #12
    While MS doesn't appear to be a registered trademark, trademarks don't need
    registration to exist. And if Microsoft's suits don't convince one how serious
    they are in protecting their intellectual property, I don't know what will.
     
    Dave Zan, Jul 23, 2008 IP
  13. joshchan214

    joshchan214 Peon

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    #13
    well, i have this domain, 6mac.com. does it count as those domains?
     
    joshchan214, Jul 23, 2008 IP
  14. jeflin

    jeflin Peon

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    #14
    Even if there is no court case, it is still better to build up your own brand, rather than spend time building the site and creating buzz for Microsoft or any other big companies.
     
    jeflin, Jul 23, 2008 IP
  15. qwestcommunications

    qwestcommunications Notable Member

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    #15
    I understand where you are coming from, but this site is very Microsoft related, infact, everything will be Microsoft related and therefore I want a domain that peple can identify with the company.
     
    qwestcommunications, Jul 23, 2008 IP
  16. muncle

    muncle Guest

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    #16
    A friend of mine had a forum board that contained word "Nintendo". It was entirely focused on discussion about Nintendo games, promoted Nintendo and strengthened brands fanbase. When the site grew in popularity, he got himself a letter from Nintendo law department and was glad the lawsuit was not filed and all he lost was the domain. But seriously, if I was going to invest time (and money) into building something, I may as well play it safe and use some generic words, not obviously trademarked names that have no other universal meaning.
     
    muncle, Jul 23, 2008 IP
  17. Dave Zan

    Dave Zan Well-Known Member

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    #17
    And there lies a rub. While Microsoft understands that reason, unfortunately a
    few people out there are willing to "tarnish" their hard-earned work just for a
    few kicks.

    If you still want to do that, though, you're going to have to somehow secure
    their permission or work an agreement with them. They may or may not allow
    it, and they'll decide on their own if it's worth it or not, but at least that can
    give you some justification to try.

    One catch is they might not allow you to put ads in it.
     
    Dave Zan, Jul 23, 2008 IP
  18. qwestcommunications

    qwestcommunications Notable Member

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    #18
    As I say, I don't want the Microsoft name in the domain, but something that people can identify Microsoft with e.g. MS. Microsoft can't do anything about someone using MS because it just an abbreviation that a few people may refer to them. Anyway, I will send an email asking them whether using MS in a two word domain will infringe their trademark. You also got to remember MS can a be generic to describe some other things such as Multiple Sclerosis.
     
    qwestcommunications, Jul 24, 2008 IP
  19. htmlindex

    htmlindex Prominent Member

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    #19
    LOL.....that's just too funny :eek:
     
    htmlindex, Jul 24, 2008 IP
  20. Dave Zan

    Dave Zan Well-Known Member

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    #20
    And since you said you wanted a domain name that people can identify with
    the company:

    http://www.wipo.int/amc/en/domains/decisions/html/2005/d2005-0584.html

    The result might or might not have changed if the registrant replied. However,
    they even sued a Netherlands-based woman for something similar:

    http://arstechnica.com/journals/mic...les-lawsuit-against-mother-creator-of-msnlock

    Still think they can't do anything about it?
     
    Dave Zan, Jul 24, 2008 IP