Domain Name vs Registered Trade Mark

Discussion in 'Legal Issues' started by Jake Howard, Jan 16, 2012.

  1. #1
    Hi All,

    I have just purchased the domain www.corflutes.com.au

    The word Corflute describes a plastic packaging product which is also used to produce cheap plastic signs, such as Real Estate, Construction Sites etc.

    In Australia, a company already has the word "Corflute" Trade Marked. Does anyone know what this means for my domain www.corflutes.com.au and what my options are as far as using it?

    Cheers

    Jake
     
    Jake Howard, Jan 16, 2012 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Generally speaking, you musn't use a domain bearing its trademark namesake to make money off of that without their permission. I noticed that the more unique and
    famous the mark, the harder it'll be to use the domain - especially commercially - without being associated with the mark owner.

    There are few, exceptional situations like fair use, parody, or gripe. But they all go back to the idea above, depending on each situation's specific details.

    In short, your chances of being able to use that to make money somehow are (at best) 50/50. Anything can happen, especially depending on the mark owner.
     
    Dave Zan, Jan 16, 2012 IP
  3. Jake Howard

    Jake Howard Well-Known Member

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    #3
    Thanks for your thoughts Dave Zan,

    I concede that the domain Corflutes.com.au may be a breach of Trade Mark, and that in order to use it we may require the owners permission.

    Would any of the following domain names be considered a better chance, or are they all treated equal if they contain the word Corflute?

    CorfluteSignWriting.com.au

    CorfluteDesign.com.au

    Cheers

    Jake
     
    Jake Howard, Jan 16, 2012 IP
  4. Dave Zan

    Dave Zan Well-Known Member

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    #4
    As long as: a) the domain name bears the trademark regardless of any additional character or word, and b) people will generally and likely "confuse" the domain name
    with its mark holder, it's always a risk.

    Trying to sell a domain name to its trademark holder can also be considered trying to profit off of that, and that's generally a no-no. Some people might tell you to do
    that anyway, but remember that you're the only one who'll be held responsible for that while everyone else anonymously type on their keyboards.
     
    Dave Zan, Jan 16, 2012 IP