Domain name copyrights

Discussion in 'Legal Issues' started by PuneetJvw, May 19, 2009.

  1. #1
    1. Where can i find updated information on domain name copyrights laws.

    2. Also would it violate any terms if i register a domain name like say MicrosoftInternetExplorer10.com
    So when Microsoft launches Internet explorer 10 they can snatch away the domain from me right ?

    Sorry for the dumb question but am not too familiar with domain name laws.


    Thanks,
    ASHISH THAKKAR
     
    PuneetJvw, May 19, 2009 IP
  2. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #2
    It's not about a copyright, rather a trademark.

    Yes, the example you gave would certainly be trademark infringement. They could take the domain at any time, but Microsoft has also been getting more aggressive and suing people.

    Don't use a company name or product name in a domain if the site is about their product or anything similar. Don't use a famous name like Microsoft in any domain regardless. Adding words to a trademark doesn't not get around infringement. Follow these rules and it will eliminate about 90% of your risk. You can't use the brand that someone else built to make a profit off their mark unless you obtained permission from them.
     
    mjewel, May 19, 2009 IP
  3. brightknight

    brightknight Peon

    Messages:
    37
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #3
    Good answer. If you wouldn't want something done to you, chances are that some big corporation isn't going to be too happy if you try to do it to them. Even if it wasn't infringement, think first before picking on a big player.
     
    brightknight, May 19, 2009 IP
  4. feras80

    feras80 Well-Known Member

    Messages:
    302
    Likes Received:
    5
    Best Answers:
    0
    Trophy Points:
    110
    #4
    huh. what do you think?
    IE is a trademark for Microsoft. Thus, you don't have the right to use this domain in anyway.

    Good luck

     
    feras80, May 19, 2009 IP
  5. PuneetJvw

    PuneetJvw Well-Known Member

    Messages:
    2,313
    Likes Received:
    10
    Best Answers:
    0
    Trophy Points:
    185
    Digital Goods:
    1
    Articles:
    2
    #5
    Hi,

    Thank you all for your replies.

    WHat about Toyota.me domain which was registered, bought and sold openly ?!

    It is not MS and IE - That was just an example i took.

    It's IBM and the domain name has IBM in it. So the domain name turns out to be IBM(some words here).com

    What now ?

    Can i make a website on it with IBM being something else ? Like International business management ...


    Thanks,
    ASHISH THAKKAR
     
    PuneetJvw, May 20, 2009 IP
  6. feras80

    feras80 Well-Known Member

    Messages:
    302
    Likes Received:
    5
    Best Answers:
    0
    Trophy Points:
    110
    #6
    Hello
    Those big companies have couple hundreds of lawyers each. They still can sue anyone having similar domain to their trademarks.



     
    feras80, May 20, 2009 IP
  7. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #7
    Just like porsche.me was taken, so can toyota.me. Same with the use of IBM. It's trademark infringement. Find a domain name that isn't a famous mark or one trying to ride the goodwill of someone else.
     
    mjewel, May 20, 2009 IP
  8. PuneetJvw

    PuneetJvw Well-Known Member

    Messages:
    2,313
    Likes Received:
    10
    Best Answers:
    0
    Trophy Points:
    185
    Digital Goods:
    1
    Articles:
    2
    #8
    Thats strange. Why would someone buy a domain after spending thousands of dollars(porsche.me) and then have it taken away from him.

    Anyways in my case what can i do ?
    Because I cant just go back and un-register or delete the domain :)

    Please let me know.


    Thanks all for your help.


    Regards,
    ASHISH THAKKAR
     
    PuneetJvw, May 20, 2009 IP
  9. eklypse

    eklypse Active Member

    Messages:
    84
    Likes Received:
    2
    Best Answers:
    0
    Trophy Points:
    93
    #9
    Obviously he did not have much knowledge about domain name investing. :confused:

    Depends on registrar, a lot of them allow deleting domains. Would you rather risk losing an $10 registration fee or thousands if they decide to sue? Steer clear from trademarks.
     
    eklypse, May 20, 2009 IP
  10. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #10
    As stated, most registrars will allow you to delete a domain. If they won't, you could contact the trademark holder and let them know your mistake and ask for directions to transfer the domain to them. Make sure you do not ask for any money, not even your registration fee.
     
    mjewel, May 20, 2009 IP
  11. browntwn

    browntwn Illustrious Member

    Messages:
    8,347
    Likes Received:
    848
    Best Answers:
    7
    Trophy Points:
    435
    #11
    I would not contact a trademark owner out of the blue to offer an infringing domain, even for free. I certainly would not make some admission of a "mistake".

    He would be better off simply leaving no content on the site until it expires.
     
    browntwn, May 20, 2009 IP
  12. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #12
    While that could be true, I highly doubt microsoft is going to file a suit against a domain owner that hasn't used the site and is offering to turn it over to them. I don't think I have ever seen a single case of an infringement suit being filed against someone who has offered, without being contacted by the TM holder, to transfer the domain to them without any compensation. Holding onto it is certainly an option, although they could also be sued for cybersquatting.
     
    mjewel, May 20, 2009 IP
  13. sacofrome

    sacofrome Guest

    Messages:
    589
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #13
    cybersquatting.com
     
    sacofrome, May 21, 2009 IP
  14. cooliobook

    cooliobook Peon

    Messages:
    58
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #14
    It's important to be unique and different. Keep the name simple and short e.g google, yahoo, etc. Instead of using a combination of words that would surely lead to a legal battle why not try something like computrio.com(this domain name has not been taken yet).
     
    cooliobook, May 23, 2009 IP