Is buytrademark.com legal?

Discussion in 'Legal Issues' started by kapuk, Sep 23, 2007.

  1. #1
    I would like to set up a store to sell mobile phone. I want to resgister a domain like buynokia.com or cheaplnokia.com...ect to sell nokia phone. Is it legal to use the trademark (nokia) in my domain to sell their products? Do I get sue from them just because I want to include their name in my domain name? Please help me. Thanks
     
    kapuk, Sep 23, 2007 IP
  2. forumrating

    forumrating Notable Member

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    #2
    im sure it would be not legal.
    you are using some other brand name in your domain.

    good that you dint mention buygoogle.com :)
     
    forumrating, Sep 23, 2007 IP
  3. nicknick

    nicknick Peon

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    #3
    It would potentially infringe on their copyright. The company would warn you or take you to court to get your domain if they wanted it. If they don't want it and you're selling their product, you could get away with it. As long as you don't name the company BuyNokia.com but only use the domain name.

    For branding and sales, it's better to just come up with a good name that you can invest into over time as opposed to something that may or may not be secure.
     
    nicknick, Sep 23, 2007 IP
  4. kapuk

    kapuk Active Member

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    #4
    Thanks for all your quick advice. Because I've seen many people using the trademark in their domain. I just wonder how can they get away with big comany like Apple ,Microsoft...etc. or even bad PayPalsucks.com
    Ex: BuyIpod.com ( currently sale $2500 for the domain name only at Sedo). They make a lot of money just doing this.
     
    kapuk, Sep 23, 2007 IP
  5. forumrating

    forumrating Notable Member

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    #5
    well those domains are of no use, its speculation, u can do that for 10 bucks not bad at all. but developing a site with them would be harmful to u.
     
    forumrating, Sep 23, 2007 IP
  6. bluegrass special

    bluegrass special Peon

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    #6
    The actual domain name makes a difference in whether there can be a legitimate use of the name. For example, paypalsucks is allowed because there is very little chance that a person going to that site will think they are going to a paypal site. Sure, they know the site is about paypal, but they won't think that the site is run/affiliated with paypal. A site like buyNokia is likely to cause confusion with a customer (they may believe they are going to an official nokia website).

    Those two are very easy to figure out, anything in between is a crap shoot.

    As to why there are so many sites like this that continue to operate, it's probably because the company: 1) doesn't know about the site, 2) the company doesn't care, 3) that site got permission to use the name, 4) the company is just waiting for those people to have enough money or traffic to make it worth their time to go after the domain. Domain registrars do not monitor registrations for trademarks for various reasons. Just because they allow you to purchase a domain does not mean it will hold up if disputed.
     
    bluegrass special, Sep 24, 2007 IP
  7. tushardhoot1

    tushardhoot1 Active Member

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    #7
    It is illegal in a way, and not in another.

    They can take you to court anytime, but most probably if you're selling and promoting their product, they won't. But if you use it to make them look bad, most probably they will.
     
    tushardhoot1, Sep 24, 2007 IP