1. Advertising
    y u no do it?

    Advertising (learn more)

    Advertise virtually anything here, with CPM banner ads, CPM email ads and CPC contextual links. You can target relevant areas of the site and show ads based on geographical location of the user if you wish.

    Starts at just $1 per CPM or $0.10 per CPC.

Big Sites, TM and the law!

Discussion in 'Legal Issues' started by wussadotcom, Sep 7, 2008.

  1. #1
    hi, I was wondering if big sites like fanfiction.com and mediafire.com.
    Do they TM their site name so like for example if I want to register example
    Mediafire.co.uk and use the site will it bring me any problem? Thanks:)
     
    wussadotcom, Sep 7, 2008 IP
  2. jdock1

    jdock1 Peon

    Messages:
    344
    Likes Received:
    2
    Best Answers:
    0
    Trophy Points:
    0
    #2
    They probably did , however, they are idiots for not registering all other extensions. So go for it, if they give you shiz for it, tell them they will need to kiss your ass. If they didn't register it before, there obviously not interested in it. Although, co.uk is a ccTLD, so either way you could probably get away with it. Just dont go cybersquatting now.
     
    jdock1, Sep 7, 2008 IP
    wussadotcom likes this.
  3. wussadotcom

    wussadotcom Banned

    Messages:
    1,168
    Likes Received:
    43
    Best Answers:
    0
    Trophy Points:
    0
    #3
    Thanks. Very emo answer;) Whats cybersquatting by the way?:D and if I create a similar site niche example ImageShack.us - I build ImageShack.co.uk nad offer Free Image upload service?
    Rep +. cheers
     
    wussadotcom, Sep 7, 2008 IP
  4. megacontent

    megacontent Guest

    Messages:
    231
    Likes Received:
    3
    Best Answers:
    0
    Trophy Points:
    0
    #4
    I wouldn't go this route unless you have money to pay for lawyers.

    They can send you a cease and desist letter and if you don't respond you will be involved in a lawsuit. At that point, you will need to pay a law firm $$$$.
     
    megacontent, Sep 7, 2008 IP
    wussadotcom likes this.
  5. Rory M

    Rory M Peon

    Messages:
    1,020
    Likes Received:
    37
    Best Answers:
    0
    Trophy Points:
    0
    #5
    Well, if you bought the domains you would have more difficulty selling them on if you wanted to.
     
    Rory M, Sep 7, 2008 IP
    wussadotcom likes this.
  6. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #6
    Yet you told the OP to do what's potentially cybersquatting anyway. Oh how
    easy to tell others what to do when it's not your hassle and have nothing to
    lose, nice.

    You pretty much know the answer, wussadotcom. Up to you if you still want
    to play with fire, but obviously no one is going to help you if you get burned.
     
    Dave Zan, Sep 7, 2008 IP
    wussadotcom likes this.
  7. lip9000

    lip9000 Peon

    Messages:
    325
    Likes Received:
    3
    Best Answers:
    0
    Trophy Points:
    0
    #7
    I did the same thing with a site that hadn't registered all other extensions, and they threatened to sue because they owned trademark on that name, so technically I had to hand over the domains. Which is true, if they own copyright, you gotta handover the domain name. Some guy got sued by microsoft for registering xboxfans.com
     
    lip9000, Sep 8, 2008 IP
    wussadotcom likes this.
  8. megacontent

    megacontent Guest

    Messages:
    231
    Likes Received:
    3
    Best Answers:
    0
    Trophy Points:
    0
    #8
    Nice how the people who give good advice don't get + rep, but the bad advice does.
     
    megacontent, Sep 8, 2008 IP
  9. wussadotcom

    wussadotcom Banned

    Messages:
    1,168
    Likes Received:
    43
    Best Answers:
    0
    Trophy Points:
    0
    #9
    Well how do we know if they own or not the trademark?
    Thanks anyway everone for their comment but I was banned for a week for bumping so thats why no response :)
    Anyway rep+ for all. Cheerio
     
    wussadotcom, Sep 14, 2008 IP
  10. Icheb

    Icheb Peon

    Messages:
    1,092
    Likes Received:
    31
    Best Answers:
    0
    Trophy Points:
    0
    #10
    Copyright has nothing to do with trademark. :rolleyes:
     
    Icheb, Sep 14, 2008 IP
  11. DeenaEsq

    DeenaEsq Peon

    Messages:
    215
    Likes Received:
    14
    Best Answers:
    0
    Trophy Points:
    0
    #11
    Technically speaking, they own a common law trademark on the site name if they're using it to identify and/or brand their business whether or not they've registered. Besides, in a WIPO action (which is where you'd find yourself, I'd imagine) they're going to look at the character of your actions and whether you have rights or legitimate interest in the name (UDRP 4(c)). It does not appear that this is the case here.

    I would suggest not registering the name and if you have, to either develop it in an entirely different field or turn the domain back in.

    Deena
    ________________________________________________________
    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
     
    DeenaEsq, Sep 15, 2008 IP