Domain Expert Needed, Can I Use this names on a domain?

Discussion in 'Legal Issues' started by -WannaBe, Mar 1, 2011.

  1. #1
    Hello,

    I'm posting here because i have a doubt. I want to create a website with information about facebook apps/game, however I don't know if I can use the name of app/game on my domain ... There are 3 options
    1-appgamename.mydomain.com
    2-www.appgamename.com
    3-www.mydoamin.com/appgamename

    I'm almost 100% sure that i can use the option 3.
    I would like to have some opinions about the first and second option... Can I use the 1st and 2nd option without problems?

    Thank you

    PS: I hope that you understand the question.
     
    -WannaBe, Mar 1, 2011 IP
  2. midwestbonsai

    midwestbonsai Well-Known Member

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    #2
    I am no expert but I am pretty sire that the words "app" and "game" are safe word to use in a domain. ;)
     
    midwestbonsai, Mar 1, 2011 IP
  3. mjewel

    mjewel Prominent Member

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    #3
    Option #2 is going open the door for a solid infringement suit if the game holder wants to go after you. You can always be sued for anything, but #1 & #3 would be much less likely to cause problems as long as you make it clear you are not associated with the mark holder.
     
    mjewel, Mar 1, 2011 IP
  4. midwestbonsai

    midwestbonsai Well-Known Member

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    #4
    ahhh, I totally misunderstood. Sorry
     
    midwestbonsai, Mar 1, 2011 IP
  5. -WannaBe

    -WannaBe Peon

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    #5
    Thank you for your opinion, anyway more opinions are welcome ...

    I would like to add another question to this thread: what can happen to me if they come after me? I'm protected with WhoisProtection?

    Thank you
     
    -WannaBe, Mar 1, 2011 IP
  6. browntwn

    browntwn Illustrious Member

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    #6
    I'd agree. #3 is also the safest format.
     
    browntwn, Mar 1, 2011 IP
  7. mjewel

    mjewel Prominent Member

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    #7
    Whoisprotection will do nothing. The registrar can be court ordered to disclose all information - and they will. Some registrars will remove the whois protection without a court order if they are contacted by a mark holders representation. They can take the domain and/or sue you for all earnings of the site, plus damages - including treble attorney fees if the mark is Federally registered.
     
    mjewel, Mar 1, 2011 IP
  8. -WannaBe

    -WannaBe Peon

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    #8
    Thank you again for the opinions ... How can I know if the mark is Federally registered?
     
    -WannaBe, Mar 2, 2011 IP
  9. -WannaBe

    -WannaBe Peon

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    #9
    I didn't understood your post :S
     
    -WannaBe, Mar 2, 2011 IP
  10. Dave Zan

    Dave Zan Well-Known Member

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    #10
    For U.S. federally-registered trademarks, go to uspto.gov. Note, though, that that's not
    the only source to check for trademarks, and they don't have to be registered to exist
    either.

    Essentially you'd have to do an exhaustive search. While it's probably not much, doing a
    search in Google like "thing trademark" (replace thing with the actual term) can at least
    give you some ideas.

    Oh, and zhangfei is a "forum spammer" here. Just posting nonsense to build post count
    and get people to check their links or so, so just report it to the admin or mods here.
     
    Dave Zan, Mar 2, 2011 IP
  11. -WannaBe

    -WannaBe Peon

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    #11
    Thank you for the help, if someone have anything to add are welcome
     
    -WannaBe, Mar 2, 2011 IP
  12. AstarothSolutions

    AstarothSolutions Peon

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    #12
    From an SEO point of view subdomains rarely make sense. From a legal point of view your most likely to get into trouble with number 2. Which leaves number 3 as the best all round solution.

    There can be some element of "fair use" for trademarks but you don't really clarify what you are intending to do with these sites/ pages
     
    AstarothSolutions, Mar 4, 2011 IP