Domain Name Trademark Issues

Discussion in 'Legal Issues' started by ramgay, Dec 22, 2008.

  1. #1
    Hi,

    I could able to see lot of websites with domain names like

    nokiareviews.[extn]
    bestsamsungdeals.extn]
    bestmotorolaphones.[extn]

    Is it legal? or what will be the penalties?
     
    ramgay, Dec 22, 2008 IP
  2. MelogKnaj

    MelogKnaj Active Member

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    #2
    Possible trademark issues, it really depends whether the company wants to enforce their trademark and take the domain from you. The only way to be sure is to ask first and see what they tell you.
     
    MelogKnaj, Dec 22, 2008 IP
  3. ramgay

    ramgay Active Member

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    #3
    Ok, what is the case, if they found that the live website violates the copy right rules, what kind of action they will take? if the site was owned by an induvidual, then only seizing the website or any other further actions?
     
    ramgay, Dec 23, 2008 IP
  4. Dave Zan

    Dave Zan Well-Known Member

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    #4
    Any of the following:

    1. They send you a "cease and desist" letter asking (or even demanding) you
    give the domain name to them.

    2. They file an administrative proceeding to seize or cancel the domain name.

    3. They sue you under any applicable law.

    4. They might do whatever boggles the mind.

    It depends on who you're dealing with. It's up to you to decide.
     
    Dave Zan, Dec 23, 2008 IP
  5. enrico1999

    enrico1999 Peon

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    #5
    enrico1999, Dec 23, 2008 IP
  6. Bohol

    Bohol Peon

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    #6
    It is always profitable to stay on the safer side. Many of these Fortune 500/global companies don't really care about their names being attached to a domain. But a website could run into trouble if the site copies contents from the company sites.
     
    Bohol, Dec 24, 2008 IP
  7. mjewel

    mjewel Prominent Member

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    #7
    I disagree. The bigger the company, the more likely you'll hear from them - and taking content from their site is copyright, not trademark infringement. Trademark holders have a legal obligation to protect their trademarks - or risk losing it. Some of the larger gaming companies are an exception and aren't very aggressive, but they could certainly take action if they want to.
     
    mjewel, Dec 24, 2008 IP
  8. WandaZ

    WandaZ Peon

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    #8
    How are you going to use the domain names? Cybersquatting requires a showing of bad faith. If you are going to use the domains in good faith for customer reviews of product sales, you may be on solid legal footing.
     
    WandaZ, Dec 31, 2008 IP