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Will I get any legal notice if i register this domain

Discussion in 'Legal Issues' started by luckypunjab, Mar 18, 2013.

  1. #1
    Well, i want to register a domain, domain name have good search term in google, currently owner have my-domain.com, will is there any change of any legal issue if i register mydomainforum.com using that particular name in my domain ending forum.com?

    Regards
     
    luckypunjab, Mar 18, 2013 IP
  2. Doomm

    Doomm Well-Known Member

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    #2
    yes, of course - you can have a problems and original owner of trademark can take a legal action against you...
     
    Doomm, Mar 18, 2013 IP
  3. luckypunjab

    luckypunjab Member

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    #3
    Its not a trademark of any product. its just an entertainment tv shows related site, which post popular streaming of different popular tv shows, which is old and have decent search volume.
     
    luckypunjab, Mar 18, 2013 IP
  4. Doomm

    Doomm Well-Known Member

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    #4
    not sure on this one (I´m not a lawyer), but in this case, you should be fine. Anyway, If I were you, I would find a more common domain name and try to optimize only subpages on your keyword. What is in it for you? You can target more keywords, than this one...
     
    Doomm, Mar 18, 2013 IP
  5. luckypunjab

    luckypunjab Member

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    #5
    Hmm, Thanks for your suggestion, will try this also.
     
    luckypunjab, Mar 18, 2013 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    A "service mark" (a trademark for services rather than products) can also apply on domain names. Besides, trade- and service marks don't have to be registered as long as they're used in commerce.

    It's really up to that other party if they can afford to assert whatever rights they believe they have.
     
    Dave Zan, Mar 18, 2013 IP
  7. gandalf117

    gandalf117 Active Member

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    #7

    In my opinion you should be fine. mydomainforums.com is quite different than my-domain.com It is still really subjective though. If you are talking about something like cokacolaforum.com I guess you can get in trouble. But if you are talking about something like tvpartsforum.com, which is much more likely that you are, then you should be absolutely fine. There may be a very famous website that is called tv-parts.com but that doesn't mean your domain shouldn't contain those words. I think that if it is not a trademark you should be fine.

    Keep in mind that I am not a lawyer and just today I came to these forums to ask a similar question. So I have some doubts about this myself.
     
    gandalf117, Mar 31, 2013 IP
  8. mustcatchit

    mustcatchit Banned

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    #8
    Don't worry. There is no legal issue. You should be fine....
     
    mustcatchit, Mar 31, 2013 IP
  9. neil_buzzerchat_staff

    neil_buzzerchat_staff Banned

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    #9
    buy a domain which is not of a company or organisation otherwise you will lose your domain registration money.
     
    neil_buzzerchat_staff, Apr 12, 2013 IP
  10. Christian Salway

    Christian Salway Greenhorn

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    #10
    you're fine so long as you arent doing exactly the same thing in the same country. for example, you could be running dating.us, whilst in the uk someone is running dating.co.uk.... the other company will try to prevent you but ultimately they cant unless they have a business set up in the uk before you registered called dating and even then its skeptical. There are some impossible ones to get though like cocacola.tld, pepsi.tld, microsoft.tld, google.tld

    http://itlaw.wikia.com/wiki/Domain_name
     
    Christian Salway, Apr 14, 2013 IP
  11. xanth

    xanth Active Member

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    #11
    It's pretty simple - it's all dependent upon the specific facts and circumstances of the domain name, show and variables you haven't shared with us. If the name itself can be protected under trademark law you will likely be contacted. If the name is a question mark but is being used by a corporation with big bucks, e.g. Disney, if you're reasonably confusing or receiving healthy traffic, they will likely send you a hello letter.

    If it's a famous mark, good luck trying to do what Christian mentions. Coca-Cola will not hesitate to take you to WIPO. When you purchase a domain from a registrar, there is an agreement which you sign which compels you to agree to go to arbitration to settle disputes. The word "can't" doesn't sit well with me. And if you want to try even defending it, be prepared to spend money - as in definitely more than $1,000 to defend yourself and making sure that your response to a WIPO complaint makes all the right arguments and concedes nothing that can harm your position.
     
    xanth, Apr 15, 2013 IP
  12. luckypunjab

    luckypunjab Member

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    #12
    Its quite simple, that domain presents free streaming latest tv shows i.e. if its movie2k and i want movie2kforum?
    Hope this make more simple
     
    luckypunjab, Apr 15, 2013 IP
  13. parsons130

    parsons130 Member

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    #13
    I have honestly owned a bunch of different domains related to "trademark" words or phrases and as long as you aren't trying to "steal" traffic or make a huge profit from the name you should be fine. Usually forums are more lenient as they are a source for help. Halo forums, Call of duty forums, ext have been up years with no problem.
     
    parsons130, May 9, 2013 IP
  14. xanth

    xanth Active Member

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    #14
    Much of this has to do with the industry. Fansites drive up the intensity level and increases sales. Nailing the gamers would bring about a negative result.

    Try creating a site using a sports team or Disney character and you'll get a C&D quite quickly. Same goes for Apple. I the auto industry, depends upon the company and chance. Best of luck with your effort.
     
    xanth, Jun 3, 2013 IP
  15. Gatsbe

    Gatsbe Well-Known Member

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    #15
    myappleforum and talking about apple tech products will be problem.

    myappleforum and talking about actual fruit is not problematic, althought nobody can stop apple from giving you problems anyway.
     
    Gatsbe, Jun 4, 2013 IP
    E_books likes this.