Hello All, I wonder if anyone can help. I registered a domain name some months back and then I eventually got round to building a site and started hosting it. However, the name is quite similar to a console game that is out on the market at the moment. I looked the game name up on USPTO and it is a reg trademark. The game name is three words and my domain is the third word first followed by the first and second words of the name. I will give an example (ficticious names) : Trademark name : super new car My domain name : carsupernew.xxx Do this violate a trademark infingement? or Am I ok with this. Any replies on this would be most appreciated. regards David
Without knowing the actual name, it would be impossible to say. If your site is game related, then you probably have trademark issues - rearranging words isn't enough to get around infringement.
And if: 1. You do get that domain name or whatever. 2. You input hints of commercial use to competing products of a trademark. 3. You get a C&D demanding transfer of the domain name. Then are you going to cry how unfair life is? Irresponsible statements like that is one reason why some people get into lots of unnecessary and avoidable trouble. You don't become aware of what limits are in place (e.g. applicable laws, registrar's legal agreement, etc.), then you are not doing yourself any favor by entertaining illusions you can do whatever you want.
I have to say thanks to MJewel for all the help in looking at this issue. Historical, I think you need to re-evaluate your view on domain names and trademarks. As it has been pointed out, it is a very complicated area and one that should be not taken lightly. My message to you is to take it easy and listen to the guys. Thanks for all the posts on this. Regards David
My company is in a similar situation just now, someone registered mycompanyname.ro, and started using it for commercial purposes - we are now in the process of reclaiming it.
Hi, I'm a bit concerned myself now. I own www.theenchantedland.com (based in the UK) i sell astrology reports and psychic readings.i've spent alot of money on business stationary and some marketing.Site is in nowhere land with regard to PR at the moment and only recently launched. Some time after building of my site got underway, i accidentally came across a well-established "big fish" webiste, www.enchantedspirit.com (based in the USA) they sell the same stuff as me pretty much, just more expensive. Have I set myself up for trouble?
there is also www.theenchantedworld.com selling the same type of services, i just had a quick check of sites by typing "enchanted" into google but what about all the dozens of astrology sites all having the word "astrology" in their uRL? there's astrology.com. astorlogy.co.uk, astrology.net..... it seems for most websites, you can find many others with similar names, so how do you know when /if you have vilolated something?
Anyone can claim infringement and sue you, but I don't think this is a case of obvious infringement from what you have posted (although infringement does not need to be exact). If your domain was "www.enchangedland.com" (without "the") it would be a different story. Also remember that without a Registered Trademark (and in this case, perhaps International) they would have to prove they had established rights to a trade name, not just that they used it before you.
mjewele,thanks i have just found theenchantedworld.com i am theenchantedland.com run by a couple. they have an astrology and a tarot section but don't offer paid readings, rather there is a free tarot reading services (the instant type) and an astrology book they have written an sell there, called the enchanted astrologer. they appear on radio and tv apparantly. so, am i safe or not?!
Trademark infringement is one reality every domain registrant must be aware of. As long as you can demonstrate you have no intent to infringe someone's trademark and you have a legitimate use for the domain name, you've always got a chance. Nobody knows what the outcome will be until all facts are brought into light.