Hi, I've some urgent questions regarding domain names and trademarks. Here's a scenario: I want to create a website selling porsche cars via the ebay partner network. As such, I'd get a relevant domain name, perhaps porscheultimate.com. Would I be infringing on any copyrights or trademarks? Porsche is a trademark itself. I've seen some sites like http://www.momentumporsche.com and http://www.porschedealer.com, http://www.justporschecars.com/ Aren't their domain names infringing on the Porsche trademark? Please advise. Appreciate all your help
http://www.wipo.int/amc/en/domains/search/case.jsp?case=D2008-0902 http://www.wipo.int/amc/en/domains/search/case.jsp?case_id=2809 http://arbiter.wipo.int/domains/decisions/html/2006/dir2006-0002.html Unless it is some type of fan site like a forum (god knows how they get away with it) I would not suggest it. The above are three cases (which easily were found on Google) which resulted in a transfer to the complainant.
They're not as they appear to be Porsche dealers and possibly secured their permission for such. If not, Porsche will let them know.
I agree with Dave that your best bet would be to contact Porche and get their permission to use the TM. If you're selling their products, it shouldn't be a problem... Deena ____________________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
If you look at the case, Volkswagenwerk Aktiengesellschaft v. Church, 411 F.2d 350 (9th Cir. 1969), where a Volkswagen repair shop (even though it was not an authorized or official repair shop) was permitted to use the Volkswagen name to indicate that it repaired that type of car because it disclaimed that it was not affiliated with or run by Volkswagen itself. This seems to be the closest case to your issue... Deena _______________________________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
Its simple! never use trademarked names in your domain whatsoever. Get a new name. All you lose is only $10 and not worth the trouble. If they ask the domain name, transfer to them.