Domain Name Copyright Question

Discussion in 'Legal Issues' started by Gomar, Feb 9, 2009.

  1. #1
    I got a question, which I think I may know the answer to but just to double check with some of you experts on dp.

    Would it be illegal to make a domain and run a site on a company. Let's say for example a company that sells Shoes let's say.

    Call them ShoesNow.com , would it be legal to run a blog or forum about that brand or whatever with a domain like ShoesNowForum.com or ShoesNowBlog.com

    Thanks in advance.
     
    Gomar, Feb 9, 2009 IP
  2. msmith78

    msmith78 Peon

    Messages:
    33
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #2
    I dont think that it would be illegal to have the domains like that, its only illegal if the content is the same.
     
    msmith78, Feb 9, 2009 IP
  3. Curtis129

    Curtis129 Peon

    Messages:
    221
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #3
    mate, if you own the sites, you can do anything you like...
     
    Curtis129, Feb 9, 2009 IP
  4. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #4
    It really depends on actually name, but if you are talking about having a forum or blog that is about another business - or a domain that could create consumer confusion, then you are likely going to have trademark infringement issues. You can't ride the goodwill that someone else has established without their permission.
     
    mjewel, Feb 9, 2009 IP
  5. hostlonestar

    hostlonestar Peon

    Messages:
    1,514
    Likes Received:
    50
    Best Answers:
    0
    Trophy Points:
    0
    #5
    Curtis129, that is horrible advice.

    mjewel, that is absolutely correct.

    If the domain could lead to consumer confusion, you will probably loose it. However, if you obtain prior permission then you would be ok. A lot of companys don't mind as long as you ask first and don't make any money off it (no ads, adsense, adbrite, nothing)
     
    hostlonestar, Feb 9, 2009 IP
  6. sjames

    sjames Peon

    Messages:
    13
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #6
    No that's not illegal. There are thousands of sites that sell the same type of things but for different prices. Thats competition.
     
    sjames, Feb 9, 2009 IP
  7. hostlonestar

    hostlonestar Peon

    Messages:
    1,514
    Likes Received:
    50
    Best Answers:
    0
    Trophy Points:
    0
    #7
    sjames, you must have misread his post. But, you are wrong. Even if he was selling things, its not called competition. If the domain name is likely to create confusion, then the domain will be taken by the trademark owner (once they find it and file suite).

    He is not selling things, but will be talking about them. With a domain shoesnowforum(or blog).com he is likely to create consumer confusion and will be riding the goodwill of their brand name. Now, I will give you a situation where it would be ok to use something like that.

    Nike

    www.nike.com, shoe (and other sports apparel)

    www.nike.net (they probably have this registered, don't know for sure though)

    www.nike.net sells kitchen things, microwaves, silverware, plates, etc.

    nike.net would not be committing trademark infringement because they are selling completely different things.
     
    hostlonestar, Feb 9, 2009 IP
  8. funning17

    funning17 Member

    Messages:
    95
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    43
    #8
    u can run whatever u want after taking domain there is nothing illegal like that :)

    but i am agree also it can mislead customers to any other things as well !!!
     
    funning17, Feb 9, 2009 IP
  9. TheVccMatey

    TheVccMatey Peon

    Messages:
    5,346
    Likes Received:
    208
    Best Answers:
    0
    Trophy Points:
    0
    #9
    Just make sure the content is your own. :)
     
    TheVccMatey, Feb 11, 2009 IP
  10. plb_team

    plb_team Member

    Messages:
    59
    Likes Received:
    2
    Best Answers:
    0
    Trophy Points:
    43
    #10
    i think it is illegal because if the company have register the company name then it is their trade mark so you are not allowed to have their company name in your domain in most case.

    e.g. sony,

    if you have a domain that include sony e.g sonyforum.co.uk, sonyblog.com e.g you in big trouble i believe. There is lot incident happen for similar issue and the big company like Microsoft, MSN, apple, BMW have contacted the domain owner who ever purchased some domain with their company name included and asked the domain to transfer to them otherwise they will take legal action and etc...



    if you talking about a not popular company name, it may not the problem you may can include the name in your domain but if they knew about someone have the domain with their company name in your domain they can take legal action against you too. This is only applying if the company name was registering under they own self.


    For more information check company house website, there will be more information. But i may wrong so seek some others advice to.

    Good luck
     
    plb_team, Feb 11, 2009 IP
  11. Gomar

    Gomar Well-Known Member

    Messages:
    1,674
    Likes Received:
    25
    Best Answers:
    0
    Trophy Points:
    160
    #11
    Well, let's not use huge fricken companies like sony or google as examples. Since, if they say you are wrong you are wrong. Even if you are not, they got the money to make you wrong.

    So let's saying a medium size company's domain. If you make a forum about their company. Just for the sake of letting people discuss their experiences with the company would that be illegal? If the domain contains the name of the company? Like I see this happening all the time, but maybe in those case they are just allowed or is it just legal.
     
    Gomar, Feb 12, 2009 IP
  12. plb_team

    plb_team Member

    Messages:
    59
    Likes Received:
    2
    Best Answers:
    0
    Trophy Points:
    43
    #12
    if i was you i wont try to buy a domain containe a compnay name but what i can say even if you buy a domain with a compnay name, you wont get catch until someone inform about it or somehow they find out, until you wont have any problem. but in case if they idintify then first thing they will do is, email you by getting your whois domain information, asking you to remove the domain or transfer to them and etc.. and if you do like they say then it wont be problem. only it may affect if you dined to accept their terms and also, the problem will may occur if your site become more populer and getting large traffic too cz they trying to steal your effect what you put in to promote the site. so i rather buy different domain. so it is up to you.


    good luck



     
    plb_team, Feb 12, 2009 IP
    Gomar likes this.
  13. hostlonestar

    hostlonestar Peon

    Messages:
    1,514
    Likes Received:
    50
    Best Answers:
    0
    Trophy Points:
    0
    #13
    Doesn't matter how big the company is. I used them as an example as they were the first to come to my head that was a shoe company. So here we go again.

    Shoe Company is the company we are talking about that sells the shoes.

    If shoe company doesn't have the name as a registered trademark at the time you make the domain name, you are ok. If they do, that is a whole different story.

    You can not also have content relating to selling shoes, period. If shoe selling company is called yazooks, you can not have yazooksblog.com/yazooksforum.com or anything with yazooks in it if you are content of the site is about selling shoes (whether reviews or whatever). However, if your content is about kitchen sinks, you would be fine.
     
    hostlonestar, Feb 12, 2009 IP
  14. Eleven11

    Eleven11 Peon

    Messages:
    9
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #14
    The company doesn't have to have a copyright, they just need to be using the name in business. If they notice that you're using their name in the same industry then they can challenge you in court.
     
    Eleven11, Feb 12, 2009 IP
  15. hostlonestar

    hostlonestar Peon

    Messages:
    1,514
    Likes Received:
    50
    Best Answers:
    0
    Trophy Points:
    0
    #15
    Its not copyright, its trademark, there is a difference.
     
    hostlonestar, Feb 13, 2009 IP