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Using Apple in Domain Name

Discussion in 'Legal Issues' started by bpgolferguy, Jul 17, 2013.

  1. #1
    HI,
    I am thinking of starting a buy/sell used site for Apple devices. The transaction will not be handled through my website, I will just be a home for the listings.

    I wanted to include "Apple" in my name, such as something like "AppleShop" or something along those lines.

    Does anyone see any issues with that?
     
    bpgolferguy, Jul 17, 2013 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    The electronics maker might. They're very protective of their trademark.

    While apple is descriptively common for the fruit, it's also distinctively known as the maker of popular electronic devices (i.e. iPhones, iPads, etc.). Just depends on context, of course, though yours is (somewhat obviously) reaching into that of the trademark holder.

    They may or may not go after you, but you can expect them to do something if you proceed with your plan.
     
    Dave Zan, Jul 17, 2013 IP
  3. Jamendo

    Jamendo Banned

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    #3
    It depends what t ype of contents you are having on your website it would be related to electronics or mobile products or apple product you might fall in trouble but if you have another plan for another niche they wont come after you till you are so popular
     
    Jamendo, Jul 19, 2013 IP
  4. SystemOAD

    SystemOAD Well-Known Member

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    #4
    @Jamendo - Why would he have plans for another niche when he said the site is to be selling used Apple products lol?!

    @OP - I wouldn't go as dangerous as to pick a domain like "appleshop" (not that its likely to be available anyway), but having something like "usedappleproducts.com" shouldn't be a problem with trademarks etc as long as you have a message on the site clearly stating you are not a part of apple.

    I'm not a layer though, so I would get some legal advice before proceeding with buying a domain and maybe even email Apple to ask them if they would have any problems with you having apple in your domain name for the project.

    Maybe seek legal advice before contacting Apple so you know all your (and their) rights before contacting them, but don't simply buy something like appleshop before getting advice from a professional as you could 1. lose the domain and 2. be sued by Apple if they feel like it as what you plan to set up is to sell their products.
     
    SystemOAD, Jul 19, 2013 IP
  5. jackwilder94

    jackwilder94 Member

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    #5
    While i agree that a brand could be over productive, it isn't a very good idea to start a long term business based on a huge brand's name. For example, i had a domain like freeiphone5(.)com and since a year, i didn't receive a single letter from Apple. While it is true, i don't recommend you to start selling iphones cause you might not have the same luck as others in the long run.
     
    jackwilder94, Jul 22, 2013 IP
    Barbara3922 likes this.
  6. subdivisions

    subdivisions Well-Known Member

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  7. Chris Vergaelen

    Chris Vergaelen Greenhorn

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    #7
    In Belgium they just released domains with an accent: domains like pokémon, nestlé, ... were available to register. I catched some of them for affiliate objectives. I know received a letter from a law firm representing one of them urging to transfer the domain for free. I asked to refund the catching fee, we will see .....:D
     
    Chris Vergaelen, Aug 2, 2013 IP
  8. G2K

    G2K Peon

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    #8
    I can't provide anything close to a definite answer, only my experience. I own a few domains that contain the words "apple" and "iphone". Some have been online for a 5 years now with no contact from the copyright holder. The sites aren't that popular though and only receive maybe a maximum of 100 visitors per day.

    My sites all clearly promote the winning of apple products and in now way try to trick people into thinking that I am Apple corp. From what I could see online, quite a few others are doing it and haven't been taken down. In addition all have a clear footer stating that we are not apple and that apple is the copyright holder.

    Prior to setting up these sites, I had researched the matter a little and was worried as Apple has/had a reputation for defending its intellectual property very proactively. So far so good :), but I would be curious to hear of others' experience. Has anyone received any letters from Apple?
     
    G2K, Aug 5, 2013 IP