Will it cause a legal issue if we use a trademark as a part of a domain name?

Discussion in 'Legal Issues' started by kslokesh, Nov 6, 2008.

  1. #1
    I wanted to know whether will it be a legal issue if we use a trade mark in the domain name..

    Eg: godaddy.com

    Can we register CheatedByGoDaddy.com ?

    Can GoDaddy sue for this registration?

    There is some site PayPalSucks.com

    Can PayPal sue them?

    Is this any copyright breach or trademark violation?
     
    kslokesh, Nov 6, 2008 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    Domains that have "sucks" in have been seen as free speech rather than infringement as the average consumer isn't going to confuse or believe it is run by the trademark holder. "cheatedby" wouldn't likely be seen as trademark infringement, however, you are seemingly making a statement that the company is dishonest whereas "sucks" could be seen more as an opinion. I think you leave the door wide open to be sued for libel rather than for trademark infringement. I would certainly consult an attorney and have them review everything you plan to posted on such a site. To answer you question, yes, paypal could even sue a "sucks" type of domain - but whether or not they win is another story. You would likely spend a lot of money in legal fees to keep the domain.
     
    mjewel, Nov 6, 2008 IP
  3. Dr Googler

    Dr Googler Banned

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    #3
    they can't do much if you do like "paypalsucks.com"/
    But if you did something like, "paypallogin.com" and then they wouldnt like that.

    I would advice that you get a good lawyer to advice you about the spesifics
     
    Dr Googler, Nov 9, 2008 IP
  4. Simply Me

    Simply Me Peon

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    #4
    He cant be sued for libel if he isn't knowingly fabricating a lie.
     
    Simply Me, Nov 9, 2008 IP
  5. mjewel

    mjewel Prominent Member

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    #5
    Wrong. Guess again.
     
    mjewel, Nov 9, 2008 IP
  6. Magawr

    Magawr Peon

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    #6
    Please read this thread for very clear cut information on this issue which I wrote not so long ago:

    http://forums.digitalpoint.com/showthread.php?t=1088058&highlight=trademark+domain+names

    20 minutes ago I was also writing on my new domain blog about this very topic, where there is no mincing of words at all.

    You can see the article on trade mark domain names by clicking on the link in my signature - the article is present at or very close to the top of the page - it is clearly identified.

    Best regards!

    Mark

     
    Magawr, Nov 14, 2008 IP
  7. Mike1958

    Mike1958 Peon

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    #7
    If your website/domain is not "confusingly similar", where people "might" think they are going to a site associated with the trademark holder, then I think you technically have a right to use the domain as long as it was registered in good faith. Of course that doesn't mean their lawyers won't threaten anyway.
     
    Mike1958, Nov 15, 2008 IP