Can i have a domain name like facebook-help.com (just an example) and have content on it which is in no way related to facebook ? Obviously the answer is yes but will i get into trouble if i go ahead with it ? The question is put forward because a friend owned a similar website and was asked to close down (thru lawyers). now instead of closing down the site with average traffic and good PR my suggestion was to take down the content related and put something else on it. What can be done ?
Facebook is a famous trademark. The domain name alone, regardless of content, could cause a "likelihood of confusion" and result in the owner being sued. I wouldn't touch it.
Once you have used a domain name in an infringing manner, changing that content after the fact, and after he has been contacted by lawyers is too late. Theoretically, you could use a tm domain name in a non-infringing fashion, depending on the name, by not using it in any way related to the tm. But, in the example you give, you imply that he already did use it in a manner related to the tm, and now that he has been contacted by lawyers, you suggest he just change it. That will not remove his liability and he will still benefit from his prior usage when it was infringing. He can always ask and see, but based on what you are describing, he has already infringed and it is too late to change course.
Both mjewel and browntwn pretty much covered everything. One thing I'll add is the more unique and famous the trademark, the harder it'll be to use it in your domain name even if you put content unrelated to that of the mark. Besides, why else register a domain name bearing a mark as unique and famous as Facebook's or whoever's? The answer to that question can help determine what can and might happen. Unless you're prepared to risk it...don't.
thanks a lot , it was elpful for me .. suffering from same issue ... one question i would like to add ... in my country no cyberlaw applies ... so what happens in thhis condition ?? there is no sue system in my country as well .. and what if .. the case is reported to FBI too and domain is shut down after that immediately ??
If this is a .com, one can file a Uniform Dispute Resolution Policy (UDRP) case regardless of where you're located. All registrars supporting .com follow that policy. If your domain name is shut down by law enforcement and you feel it's unwarranted, then...you dispute it where it happened. Granted, it's not easy if you can't afford flying into the U.S., but at least try to ensure how you are using the domain name doesn't arguably violate U.S. laws.