i have question about domain name and TM, i fount domain with spell mistake (name of a very big company like Intel). the original domain of the company is .com and the one that i want to buy is .ca with one little spell mistake ,I afraid that the company will sue me becuase of the TM (the name is very similar to the original name-but not the exact name of course). so it's ok if i will buy it? my second question : if i will buy the domain and the company want to sue me do you think they will sue me immidiatly or they will send me a warning first ? please help me this is an very important matter and there is no place for even little mistake so please be sure before you write something, thank you !
It's very simple. Is the name the same than the company? Yes or No. If there is a letter more or less, why bother? It is not the same thing.Period. If tomorrow I want to set up nicrosoft, well...nobody can go against that (except nicrosoft people, if any...didn't check before this post...)
dude it seems like you understand in this kind of matter but i would like to see more comments and thank you for you comment.
Why would they sue you. Look at google and look at azoogle. Pretty much the same. If the domain name isnt EXACTLY the same i don't think they can do anything to you. - Prilep
With a PR6 in return for what they do, I think Google actually likes azoogle.. G might eventually buy them later on
This is a serious reply to your questions. I am not a lawyer so you should think of it as an informed opinion and not legal advice. In the US it is amost impossible to find a lawyer who will file a suit without first sending out an official notice about the problem. The reason is the courts require that all efforts considered reasonable be performed before litigating the issue. A lawyer who files without performing the steps does so at the his own risk. So I feel sure you will get a cease and desist (C & D) letter before any legal action is taken. Do not be concerned about emails. When you get a certified letter mailed to your address of record then you should be concerned. I completely disagree with this statement: UNLESS you are selling a product very close to what is sold on the trademark site. Selling tennis shoes from Mike . com might be an issue. Using the same name for any other purpose and you are in the clear. So your "intent" does enter into the problems you might expect. Ford Motor company has no claim on the the domains bord, cord, lord, and so on.
If you have a mispelled domain the original company can't sue you, but make your rich. Google purchased googel.com and gooogle.com among other typos. However everything is up to the original company: sue or not sue, purchase or not.
I've got a question that got me curious. With a trademark infringement, say that company in the US has a trademark & someone registered that trademark & lived in another country like New Zealand, or India or Russia, etc. Would that company be able to sue them? If a trademark is registered in one country, does it become a worldwide trademark?
If it is similar, then yes it is infringment. If there is any chance of misleading the public, then I think it is considered infringment.
This is still the wild west my friend. Whoever can hire the bigger legal gun makes up the rules as they go along.
Well if you named it sintel you can get sued by sintel people . To be on the safer side , If you're site is not a rival of intel then it's fine .
If your site is intended to mislead people into buying similar products of a similar registered mark name then YES you could face litigation. However, if you only intend to register a mis-spelled name of a well known brand or registered mark to spawn of google ads or affiliate revenue or something similar, it is highly unlikely that anybody would waste their time pursuing you. The only REAL legal challenge that could be mounted againts you would be an attempt to purposely mislead people into believing that your mis-spelled site is the REAL registered mark site, or if it sold similar products of that site with the intention of misleading people into *thinking* it was the original TM site. Only YOU will know the full answer to your query, because only YOU know what you intend doing with the site. As long as you don't intend selling MintelVentium processors, I don't see any problems for ya. Whatever it is, good luck!