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"Photoshop" in domain legal for tutorial site?

Discussion in 'Legal Issues' started by Pixelrage, Apr 14, 2008.

  1. #1
    The subject says it all :D Does Adobe mind if you use Photoshop or PS in a domain name for this purpose?
     
    Pixelrage, Apr 14, 2008 IP
  2. rentdn

    rentdn Well-Known Member

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    #2
    No you can use that domain , adobe will never pay attention to that if you will use that domain for photoshop tutorials
     
    rentdn, Apr 14, 2008 IP
  3. Pixelrage

    Pixelrage Peon

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    #3
    thanks - would it matter or not if the site used Adsense?
     
    Pixelrage, Apr 14, 2008 IP
  4. rentdn

    rentdn Well-Known Member

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    #4
    You can use it , I had similar site with photoshop domain and with adsense code for about 3 years and never had any problem

    Go ahead and build your website without any doubts
     
    rentdn, Apr 14, 2008 IP
    Pixelrage likes this.
  5. Louis11

    Louis11 Active Member

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    #5
    'Photoshop' is still a trademark of Adobe. As such they reserve the right to take legal action if necessary.

    The chances of this occuring, however, are slim seeing as most sites won't produce direct competition with Adobe and its services.
     
    Louis11, Apr 14, 2008 IP
  6. eddy2099

    eddy2099 Peon

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    #6
    To be on the safe side, it would be prudent to write to Adobe and seek their permission to do so. If you get the green light, you would have nothing to fear. If you do not ask and use it, you can stand the risk of losing more than just the domain name in question.
     
    eddy2099, Apr 14, 2008 IP
  7. Knight1234

    Knight1234 Peon

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    #7
    also, that domain will get you high traffic :p, ppl will think its adobe's site,
    just below your copyright, add a line saying you are not affiliated with Adobe.
     
    Knight1234, Apr 14, 2008 IP
  8. Pixelrage

    Pixelrage Peon

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    #8
    good point...I'm in their affiliate program, I guess I can just send over an email.
     
    Pixelrage, Apr 15, 2008 IP
  9. SEOguy101

    SEOguy101 Active Member

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    #9
    You don't need to write them asking for permission and chances are they will never respond anyways or they will tell you their name is trademarked. Here is the gray area: if consumers confuse your photoshop site with the official photoshop website than there could be a legality issue. However, sites like paypalsucks.com obviously can't get sued (by paypal) because they are obviously not the official site (hence the word 'sucks' in the url) and I doubt few people confuse them with Paypal.com. Hopefully, what I said makes sense and you understand how it works :)
     
    SEOguy101, Apr 15, 2008 IP
  10. Dave Zan

    Dave Zan Well-Known Member

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    #10
    Read your affiliate agreement while you're at it. You might find your answer in
    there.
     
    Dave Zan, Apr 16, 2008 IP
  11. venturefox

    venturefox Notable Member

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    #11
    Wow, this thread is full of quite possibly the worst advice I've ever seen. You could use photoshop in the domain but if you're making any money (adverts, sales) then you'll always have the possibility of adobe taking it from you. Using the term "PS" however should keep you safe. I strongly recommend you seek professional legal advice rather than asking here, because I'm pretty sure every other person who replied doesnt have a clue. I'm thinking they're only concerned about their post count.
     
    venturefox, Apr 16, 2008 IP
  12. alfredn

    alfredn Peon

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    #12
    To be honest, I have had over 10 domains with ps in them & I don't see a problem with it. You're only helping adobe anyway, they'd be dumb to pick fights with supporters of their product; simple marketing.
     
    alfredn, Apr 16, 2008 IP
  13. masfenix

    masfenix Peon

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    #13
    hehe I don't know about that. Just recently I was reading the case about the JK roling (sp?) and her fan. Appranetly her fan created a huge reference book regarding Harry Potter and got sued. lol
     
    masfenix, Apr 16, 2008 IP
  14. lock

    lock Banned

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    #14
    Personally i'd go for the abbrev. PS tutorials or somthing on the lines.
     
    lock, Apr 16, 2008 IP
  15. godsofchaos

    godsofchaos Peon

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    #15
    Its really not a problem if your site is not stealing their popularity. Most big companies like adobe or nokia won't sue you for that. If the question is 'can they' ...Answer is simple.. Hell yeah! But don't worry, I know I don't worry as long as I'm being a friend to Nokia more than anything else.
     
    godsofchaos, Apr 17, 2008 IP
  16. rentdn

    rentdn Well-Known Member

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    #16
    Thats what I'm talking about , of course they can take that domain , but they will never do it .
     
    rentdn, Apr 19, 2008 IP
  17. RectangleMan

    RectangleMan Notable Member

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    #17
    And you know this how?

    Seems you are rather clueless when it comes to intellectual property law.

    http://www.wipo.int/amc/en/domains/search/index.html

    I found 4 results for "adobe" by complainant.

    Never say never.

    OP- Legally you can't use another's TM for commercial purposes.

    The only way to know for sure is to ask them. However there is a GREAT chance that alone might cause them to ask for the domain or indicate to you that they do mind and expect you to not use the domain.

    Goodluck in your decision but stay well-informed of the law as it will certainly help you navigate any potential problems that arise.
     
    RectangleMan, Apr 19, 2008 IP
  18. Onyxnite

    Onyxnite Banned

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    #18
    I think you should be alright if you have a disclaimer or something on teh site saying you are not associated with Adobe Photoshop or any of their products.
     
    Onyxnite, Apr 20, 2008 IP
  19. rentdn

    rentdn Well-Known Member

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    #19

    M8 I know what is it , but it not gonna happen with that domain if it will developed only for photoshop tutorials ( as mentioned before - " though they can " )
     
    rentdn, Apr 20, 2008 IP
  20. argothiusz

    argothiusz Well-Known Member

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    #20
    I thought Adobe is the trademark and not photoshop. Guess I was wrong :(
     
    argothiusz, Apr 20, 2008 IP