Hi I'm currently developing on a new website that gives iPods away for free (a cashback site). Now, I want to know. Am I legally allowed to use the word "ipod" on the domain name, like for example: freeipods.com (just an example)? And what about the images of iPods from Apple's website; Can I use them on my own page, or should I buy those images somewhere? Thanks in advance.
No and No. iPod is a registered trademark of Apple Computers. And the images on their webpage are also their copyright. I'm not saying you can't get away with it, but its not legal.
But I propagate their products (in this case, iPods) - Do they look different on sites/shops doing that? At least the pictures should be legal to use, or? If not, where can you buy such images? Or should I take my Canon EOS, buy 20 (lol) iPods in different models and colors, and shoot them?
No a trademark is a trademark. You can do it but as soon as your site gets popular they can legally take your domain name. There is a post a few below this one about Microsoft demanding a webmasters domain name because it had the word "Zune" in it. It can happen to you too. As far as their pictures, they are technically owned by Apple and without "express written permission" you can't use them. There are a lot of places online that sell stock photos. Do a google search for "free stock photos" or something.
As stated, the use of ipod in the domain is trademark infringement. You always need permission to use a photograph you don't own. Promoting or giving away their product does not give you usage rights. istockphoto.com likely has some photos - although the logo is likely removed due to their company trademark policy. If you use the apple company photos (not other ones found on the net) you might not hear from Apple (although it still isn't legal). If you use their trademark in a domain name, the chances of facing legal action are far greater.
I've run sites on the Zune, iPod and iPhone. The only problem I've ever had was showing the Apple logo (in the banner). Everything else was fine (domain name, images etc.)
Thanks for you replies... But hey.... If I 10 years ago had bought the domain internetpod.com (which is what iPod means), would I then be allowed to use it?
No, Apple still have it Trade Marked now, if it is still yours now and have not expired since you first registered it. Then you may have a chance. If you are looking at promoting the I-Pod, contact Apple and they may discuss a way for you to do it. ~ Mike
Unless you were using the domain to sell musical devices, you would have no rights to infringe upon their trademark usage. Even if you owned ipod.com before Apple came out with their product - and had either not used the domain or had used it for something else (like a maternity store) you couldn't change the usage of the site to anything related to Apple products. By itself, owing a domain name doesn't give you any trademark rights. Use of the domain and the content on the site is required to determine usage rights.
Doing something doesn't mean it wasn't trademark infringement. Using a trademark in a domain name opens the door for them to sue you or take the domain. Both microsoft and apple have taken action, and continue to take action. Some sites are so small they might fly under their radar - but you're always taking a risk. You can also be forced to pay treble their legal fees, so you have a potential six or seven figure liability in legal fees alone (not to mention actual and punitive damages) if you go to court.
Like I said, the best way this could turn out for you is Apple files a Cease and Desist and takes your domain name from you. Worst case scenario you get sued by Apple for trademark infringement and you spend the next year in court while Apple takes everything you own.
Of course no. Besides Apple is very jealous even about their artwork. Once they patended icons of MacOS X.
Using a trademark name in a domain is still infringement. Just because you have done it and not gotten caught, doesn't make it legal. Just check out that other guy that got REAL lucky, MS sent him a C&D, demanded the domain, etc. You could get sued for any profits you have gained, their potential lost profits, legal fees, etc. Its a lose-lose situation. Now, I'm sure if you contacted apple about it before hand, as you are promoting their product, they will probably work with you, since you are going about it the correct way.
Apple is extremely protective of their trademarks. They will not give you permission to using a trademark they own in a domain name. 9. Domain Names: You may not use an identical or virtually identical Apple trademark as a second level domain name. Not acceptable: “imac.com†“imacapple.com†“imac-apple.com†“podmart.com†http://www.apple.com/legal/trademark/guidelinesfor3rdparties.html
There's a site called paypalsucks I still have not heard of any reply on here as to why that site is allowed to be up and running if it is truly illegal.
Because you can argue against consumer confusion - a person isn't likely to think that a "sucks" site is run by the trademark holder - but rather free speech. There are cases of "sucks" types of sites being taken away by the trademark holder. There's a big difference between paypalsucks and paypalassistance, paypalsupport, etc.
In that case the OP could have a site called havingtopayforipodssucks.com which would serve his purpose. Disclaimer: Joke, not intended to be taken as legal advice.
But WILL it be possible for me to get a permission to use that domain name? Because.. I'm actually selling Apple's products, and help them improve their sales. If it was my company that got that chance, I would give that guy a permission.
They only allow authorized resellers to use their logo. They do not allow anyone to use their trademarks in a domain name, but why do you keep asking on a forum? The only way to know for sure is to email them and ask.