Hello guys, I would like to know if "xp" inside the domain name considered Microsoft trademark violation? Actually, I would like to instead of using "eXPert" I use "XP". For example: instead of "flitexpert.com" I have "flirtxp.com" Is that a violation? With many thanks
flirtxp is fine......but it depends on the content. If you have Windows XP reviews, tips or start acting like a site that is afilliated with Microsoft, then you'll have issues. If you're an expert at flirting...then you're fine....just wink at the judge.
I'm not an attorney, but I did stay in a Holiday Inn last night I don't think there is much to worry about. Most companies that protect their mark do so when they feel there might be some confusion. I don't see anyone confusing "flirtxp.com" with a outdated OS.
Not too sure if you could trademark just two letters. Didn't Hewlett Packard have this issue with someone...and lost? Seems to me that happened and the courts ruled against that.
You don't need to file for a trademark to have legal rights to the name. Microsoft certainly has usage rights to XP - but they are not exclusive. Unless the domain name itself could confuse someone with being related to Microsoft, you probably wouldn't have any problems as long as the site wasn't related to Microsofts product or usuage. In short, they don't own the exclusive rights to xp, but you can ride the goodwill of another company. Common sense is usually a good guide. Did you choose the name because you wanted to captialize on a known trademark? If so, you can have problems. Any domain name with "apple" that sells computers or music is likely infringement. If you using the domain name to sell bird cages, and the domain name doesn't have computer or music in the domain name, then it probably isn't going to be a problem.