Hello, I registered a bunch of domains. For privacy sake (not real name of domain) let's hypothetically say I registered the domains below. The real domains I registered are the same as below just the initials (RHCP) are different. Ok, let's say RHCP is a registered trademark by red hot chilli peppers for the internet purposes, etc, etc, fan clubs..as it states in the trademark database; RHCP trademark database entry: "Entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials; Entertainment services, namely, providing prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network; Entertainment, namely a continuing reality show broadcast over television, satellite, audio, and video media; Entertainment, namely live music concerts; Fan clubs" Can I use the domains I registered as "fan sites" with adsense on them if the trademark RHCP is in domain name? also according to the quoted trademark rights, I can't post any music from the band??? on the "fan" site?? or pictures?? On the website, I wouldn't use RHCP anywhere. it would be for example referred to as RHCPFANS anytime I need to refer to the site therefore no where on my site would the term RHCP be seen. I didn't register the trademark (fyi) RHCP but the band did. Again, i used RHCP for hypothetical situations. RHCPFANS.NET RHCPFANSITE.COM RHCPFANSITE.NET RHCPGREATESTHITS.COM RHCPGREATESTHITS.NET RHCPHOMEPAGE.COM RHCPHOMEPAGE.NET RHCPMUSIC.COM RHCPMUSIC.NET RHCPONLINE.NET RHCPSTORE.COM
When you obtain a trademark on "RHCP" adding words to the domain name does not get around trademark infringement. Using the trademark in a domain, when it is about the trademark holder, would be infringement for a commercial site (runs adsense, takes donations, etc). The simple answer to a complicated issue, is: It would be trademark infringement and they could sue you. As they have registered their mark, you could also be held liable for treble their legal fees. You can't ride the goodwill of trademark. It's their mark, and you can't profit by using it in a domain name.
what about using their trademark and the word fansite following in the domain name....? so let's say dave matthews band: DMB is a registered trademark. I can't register the domain, DMBfansite.com?
You can register the domain, but putting content on a commercial site that relates to dave matthews would be infringement. That doesn't mean they will sue you (many celebrities don't) only that they could. If you registered DMBunofficialfansite, you would be in a better position to argue against confusion. Of course the trademark holder could sue you for any use of DMB, and the real question is, would you be willing to spend tens of thousands of dollars to defend your claim to the name? If you win, you are out legal fees. If they win, since they have a registered mark, they can be awarded treble their legal fees. The guy who owned Madonna.com lost over a million in legal fees - and also lost the domain. Get permission first, otherwise you will always need to worry about being sued and losing all revenue the site has ever generated. The bigger a site gets, the bigger the target. Most often, a TM holder won't sue you initially, they will just demand you turn over the domain to them - but they don't have to give you any warning before suing you.