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Copyright and Trademark Issues with Domains

Discussion in 'Legal Issues' started by biggunn, Apr 16, 2009.

  1. #1
    I've been wondering if I can get into any legal trouble around purchasing similar domains to companies existing domains. Such as, I register mydigitalpoint.com (say it's available for sake of argument). I also would like to register domains such as, godaddysucks.com. Can I be sued for anything here?
     
    biggunn, Apr 16, 2009 IP
  2. Traffic-Bug

    Traffic-Bug Active Member

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    #2
    yes, it is possible but I have seen sites like that and they are alive and well. example - ihatedell.net, nodaddy.com, etc.
     
    Traffic-Bug, Apr 16, 2009 IP
  3. traian13

    traian13 Peon

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    #3
    Be careful with microsoft...
     
    traian13, Apr 16, 2009 IP
  4. Circadian

    Circadian Peon

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    #4
    What if you owned a domain name like classicHondamotorcycles? Can you get in trouble just for having the word Honda in the domain name even though you aren't selling Honda motorcycles.
     
    Circadian, Apr 16, 2009 IP
  5. mjewel

    mjewel Prominent Member

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    #5
    Yes, especially if the site is monetized in any way (runs adsense, sells memberships, takes in any income.)

    "sucks" domains for non-commerical (again, not taking in any money) usage can make the argument of free speech - of course, if the company decides to sue you, you might be looking at five or six figures in legal fees to keep the domain.
     
    mjewel, Apr 16, 2009 IP
  6. mjewel

    mjewel Prominent Member

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    #6
    Trademark holders may or may not decided to take action - that doesn't mean they can't - and they do not have to go after all cases of infringement and can selectively choose who they want to sue. It would be a mistake to think because someone else does it, it is ok - just like sites that have bootleg software downloads.
     
    mjewel, Apr 16, 2009 IP
  7. feras80

    feras80 Well-Known Member

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    #7
    be aware Godaddy has couple hundreds of lawyers you are putting yourself into troubles since it's is a trademark


     
    feras80, Apr 16, 2009 IP
  8. OnInternetBusinessGuide

    OnInternetBusinessGuide Well-Known Member

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    #8
    If you use a trademark in your domain in a way that it creates damages to the owner of the mark, then the owner has a lot of chances to win if it sues you. This is especially true with the big names mentioned in the replies here.
     
    OnInternetBusinessGuide, Apr 17, 2009 IP
  9. bunbunx2

    bunbunx2 Peon

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    #9
    lol you are playing with fire . be careful.
     
    bunbunx2, Apr 22, 2009 IP
  10. imthewebmaster2

    imthewebmaster2 Peon

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    #10
    Hmm, yes I have had friends that depending on how popular your site gets the "company" will come after you or send you a cease and desist letter. That's them asking you nicely before they sue the ever loving cash out of you!

    On another note, i actually have a reverse question.

    I have a domain squatter that has snatched up the "plural" of a trademarked name that I deal with directly and it just so happens that as crazy as it may sound I had a bad situation happen to me.

    I had the opportunity to rent an apartment and I handed the potential landlord my card with the correct URL but it seems that she confused it, and typed in the plural. Then she was confused and thought I was bull shitting her! I never got the apartment..all because some jerk is squatting on a fairly popular name that is currently in business. I am really wondering if I should start a suit myself?!

    Any suggestions??
     
    imthewebmaster2, Apr 22, 2009 IP
  11. Circadian

    Circadian Peon

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    #11
    Thank you all for the replies! I'm considering dropping those domain names now - better safe than sorry since I haven't done anything with them yet anyway. =)
     
    Circadian, Apr 22, 2009 IP
  12. RAD1

    RAD1 Peon

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    #12
    that's my understanding too -- related primarily to whether it's used for commercial endeavors first and foremost -- if so it can be said to become confused w/ the trademark holder.

    if it's a discussion site/free speech blog, it's harder for there to be infringement but again, depends on how deep their pockets and their determination

    Most of the major affiliate programs, hosting sites, registrars will fold on the slightest pressure from anyone or any company claiming to hold the trademark. (make sure they actually do hold the trademark). If you're a 'private' domain holder, don't feel secure in the least cos you won't be private any longer if the registrar or host gets a call email or letter from the complaining entity. they will divulge your name address and phone number to anyone who 'sounds' official and demanding OVER THE PHONE; they won't wait for a certified letter from an attorney; you are peanuts to them. there is probably no such thing as true privacy in that regard -- except for maybe the black hatters who know all the tricks probably.

    ... there's some sort of major free speech internet advocacy site or freedom something .ORG -- I forget the name but that has some advice up on their site ... also maybe nolo.com and there are other sites/legal type articles at some legal/lawyer sites.

    at the minimum, you can probably own such a domain but not publish or use it or have it 'live' ; definitely if there's a trademark you cannot use it for commercial income producing endeavors .... but if you are going to set up a forum that discusses something else entirely or maybe it's about trading lawn mower motors on craigslist .... I think I remember reading about someone who had apple in their domain name and they had to make it a non-commercial site about how healthy apples are or something like that so it could not be considered to be confused with or in competition with apple computers.... (unless that's an urban myth, which is possible).

    may also be subject to various international laws on trademarks and intellectual property rights, etc. some countries adhere, some don't, some of the hosting sites in some of the countries that don't adhere also turn a blind eye, some don't.

    it's a hard row to hoe, but make sure to do the research first....and even then, it's likely not worth the effort for a $10-$35 domain name. Maybe they will buy it back from you for a reasonable amount but you also have to be careful in that regard cos it can be regarded as a shakedown or other illegal domain tactic that others have been sued for (something about Madonna years ago?)...

    good luck...let us know what happens as it will be informative to others who end up making the same misstep due to being newbies and due to the fact that no one can make much sense out of all the laws written mainly to protect the rich and powerful.


    .
     
    RAD1, Apr 22, 2009 IP
  13. sryder

    sryder Active Member

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    #13
    I just purchased a domain that is similar under these conversations - may approach the company and see how they react to the request. Would obviously put them in a positive light.
     
    sryder, May 24, 2009 IP
  14. rfhm

    rfhm Peon

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    #14
    Conclusion from what I read inhere... stay away from doing that. =D
     
    rfhm, May 25, 2009 IP