Hi, I registered a domain (free-cpanel.com) and asked(cpanel.net) em if I could use that name. The anwser I got was: I want to know if what then said is valid and if I can't really use this domain neither register any one other domain containing the word 'cpanel'. Can't I just post some disclaimer, write something at the bottom, saying we are not affiliated with em? Thanks in advance!
Just a doubt, let's suppose after some time the domain goes to a dispute, can't I just register a new domain and do a 301 with the old one, lol? I think that's a stupid question, but don't yell at me. XD
Do you guys think I'm safe if I write some disclaimer, write big on the website that cPanel is a paid software or any other thing? And the only thing that might happen with me is that I lose this domain? I still didn't understand, the main issue is the domain name or the content in it? Because in the cotent, I, in noway try to confuse any guests... if anyone could explain me this better, I'd appreciate! I've read a lot of stuff about those trademarks and stuff, but I still didn't get it. Oh, and thanks Expertu, for anwsering some of my questions!
I think you are still going to have problems even with a disclaimer stating you are not the real cPanel. The fact is that you are using a trademark name in your domain name. That spells trouble. I'm no lawyer so I can't speak on what kind of penalties you may face. Maybe someone else can speak up on that.
A disclaimer gives you no legal right to use a trademark. They own the rights to use "cpanel" and adding words to a domain name does not get around trademark infringement. "And the only thing that might happen with me is that I lose this domain?" They have the legal right to sue you for damages and any income the site has taken in. As they have a Federally Registered trademark, they are able to go after treble attorney fees. Some companies will go after everything, some will just take the domain, some will do nothing. It's up to you on how much you want to risk - however, the name you mentioned is clearly infringement.
Can someone give me an example of which domain wouldn't infringe their copyright? Or all of em containing the word 'cpanel' will infringe it? An example containing the words cpanelhosting would still infringe it? http://cpanelhosting.com/ infringes their copyright? (That website exists) Thanks!
Your domain shouldn't have any conflict if you are providing your own free web-based control panel for web hosting, email, or a CMS.
Any use of the word "cpanel" is infringement if it has anything to do with web hosting. Trademarks are granted by classification, so if you were selling a jewelry line called "cpanel" and it had nothing to do with web hosting, you might not be infringing - although they still might claim infringement for a service mark. You cannot use letters "cpanel" plus any other combination of letters or numbers without infringing upon their trademark for anything related to webhosting. They "own" the exclusive right to use that name for any similar usage.
Not really homeboy. cpanel is like an acronym or abreviation for the word control panel. It's a simpler way of writing two words..like cheat codes could be ccodes or cheatc. He can definately get away with it and I'd urge him to fight it.
That's not true. Even if you built your own music player, you can't call it "ipod" or build your own computer and call it "Dell" - even if Dell is your real name. The first person to use a name, for a particular usage, owns the exclusive right to use that name as long as the name is not genericized i.e. you can't market a baked good called "Apple Pie" and claim exclusive usage - because you would be trying to claim rights to a common term.
Again, you are wrong. cPanel, Inc has a Federal trademark on the usage of "cpanel" "Computer software for facilitating the management and configuration of Internet web servers." I own several Federally registered trademarks and have spent close to a million dollars in related litigation. For a couple of hundred dollars you could get a legal opinion from an attorney who specializes in intellectual property rights. You can fight any trademark, but as a Federal Trademark, if you lose, you can be required to pay treble attorney fees. Litigation like this would run six figures so you should make sure your usage predates the current holder. IBM is an acronym for one of the strongest and fiercely litigated trademarks in the world.
According to the original poster this domain he registered is pretty new. It's not like he has been running a profitable business from this domain for years. There is certainly no need to urge him to fight cPanel over this. He needs to just find a new domain. And it doesn't help that he has already told cPanel about his domain, and they said, "No!".
I agree. Just find a new domain (preferably not copyrighted ). It's not worth your time and effort to go forward with free-cpanel.com And yes this is a clear case of copyright infringement. Would you create a free auction site and call it free-ebay.com?
Well, it's like if I had a script called 'dmanager' as in abreviation of download manager, I wouldn't mind if someone created a domain called free-dmanager.com that would show hosts that'd accept that script. About free-ebay.com it's very different as ebay is not an abreviation of auction, lol... cpanel is the abreviation of control panel But yeah, I think I'll just register a new domain... though I wanted the word 'cpanel' on the domain for SEO purposes... free-cpanel.com was so perfect lol... And thanks mjewel and everyone else for their advices.
New doubt, I can't even use the word 'cp' in the domains if it's related to hosting? http://tess2.uspto.gov/bin/gate.exe?f=doc&state=ocv6rq.4.1