I was allways wondering if for example somebody has trademarked firm "x" and i get x.com , can they take the domain from me just because they treadmarked it ?
If we are filling a word in for x then yes you can. Lets say some one trade marked "directsupply" and you owned http://www.directsupply.com they could technically force your hand legally.
And note: they could. They might or might not, depending on a variety of things. At the very least, it depends on your intent, how "strong" the trademark is, and if users are likely going to "confuse" or "perceive" your site with theirs.
Yes, and no. What others are saying is correct, and is labeled "yes." The no part is where it gets tricky. If for example, I own www.blackopsforum.com and Activision owns the Call of Duty: Black Ops trademark - it won't matter because you're actually HELPING them, rather anything else.
I've gotten a domain transferred to me by threatening legal action because it had my name in it. If I can do it, a corporation sure can.
Okay then, how come companies leave sites like www.blackopsforum.com , www.mw2blog.com , www.killzone3.net etc alone? And likewise, youtube videos that are montages for games like Call of Duty, Medal of Honor, etc? BECAUSE THE COMPANIES DON'T CARE ABOUT THOSE SITES! Its usually free advertising for them.
Trademarks only apply in specific contexts; that is why for years apple computers and apple records could co-exist, one involved hardware the other music. A trademark in one area does not apply in the other. It was only when their businesses started to both focus on music that legal problems arose. So it depends whether your biz and the trademarked biz are the same area.
I think it depends on whether it is a trademark for a company or not, and if it is a legal brand name? I'm sure it varies from case to case though...
This is one dangerous advice, mate. If they don't care about your website, doesn't mean they can't/won't take it by force. And yes, there is a chance they won't even bug you for the rest of your life, but don't say "it won't matter" - that's dangerous.
The point is that they could. If they wanted to, they could wait until the owner has done the hard work promoting the domain until it gets traffic and then force you to give it to them.
browntwn is conveying him/herself as an atty, so perhaps brownwn is correct. I am not an atty, and I am NOT providing legal advice here. aflp, you really should contact an atty and maybe keep him on retainer for all of your business needs. johngordan has the right idea regarding trademarks applying in different contexts. You must also distinguish between trademark and service mark. Contact your SOS and find out what it takes to trademark/service mark in your state and find out if someone else already owns it. Also, contact the Federal (U.S.) Patent and Trademark Office (PTO) for how to register a trademark federally. I do not know if my citations are current, nor do I portray them to be. The federal registration of trademarks is governed by the Trademark Act of 1946, as amended, USD sec. 1051 et seq; the Trademark Rules, 37 CFR Part 2; and the Trademark Manual of Examining Procedure (2d ed 1993). Check the supplements for the most up to date information.
Huh? ELECTRONIC ARTS? Activision owns the "Call of Duty: Black Ops" trademark, not EA. I have seen a lot of COD websites stay on the owner's name for years after the fact. In fact, some corporations own these domain names for a long time, especially more than one year. You guys seem to think that I've got "stupid" across the top of my forehead, but alas; you don't understand the difference between a site that was taken from the owner's hands, and the ones that already IS in the owners' hands. The ones that already have had their domains taken away from them are the ones that didn't give a crap about the domain name, so this DIMINISHES the brand in question. The ones with the domains have spent a lot of money to get the domain name in question, AND spent a lot of money getting the website ready for the market. Oh, and the content? King. If your site is a niche traffic website and the content doesn't look like it represents the brand in question, sure. Of course. They'll come after you. Corporations like Activision rely on reviewers, journalists to getting their brands "known." In other words, like I said before: Free Advertising. Niche traffic websites offers more than just free advertising; it boosts their brand value beyond belief. And yes, you CAN lose a domain name - but most of the time, you can keep the domain name as LONG as you do it in the trademark holder's "area" of acceptance.
if the word is a common word, i.e., there are people use this word before they file for the trademark, even if the trademark get approved. the prior art apply. So you may want to check if this word already be in use before they file the trademark.