Microsoft TradeMark Question

Discussion in 'Legal Issues' started by lutfucan, Apr 5, 2012.

  1. #1
    I have a domain name including microsoft in it. Example microsoftxxxx.net. Does microsoft allow me to project this domain for my own business if i am a microsoft partner.
     
    lutfucan, Apr 5, 2012 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    What does your partnership agreement say about this?
     
    Dave Zan, Apr 5, 2012 IP
  3. JonnyKufstein

    JonnyKufstein Peon

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    #3
    i know you will have a trademark agreement in the partner contract, which you will sign online.
     
    JonnyKufstein, Apr 5, 2012 IP
  4. JonnyKufstein

    JonnyKufstein Peon

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    #4
    go to partner.microsoft.com - and read the agreement
     
    JonnyKufstein, Apr 5, 2012 IP
  5. builtSEO

    builtSEO Well-Known Member

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    #5
    No . you can't use microsoft's trademark name even if you are a MSP/MVP
     
    builtSEO, Apr 6, 2012 IP
  6. Nystul

    Nystul Well-Known Member

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    #6
    MS comes hard on TM. steer clear.
     
    Nystul, Apr 6, 2012 IP
  7. lutfucan

    lutfucan Greenhorn

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    #7
    it looks like i'm going to leave it to drop...
     
    lutfucan, Apr 6, 2012 IP
  8. heavycat

    heavycat Greenhorn

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    #8
    You need their permission to use the company name commercially.
     
    heavycat, Apr 7, 2012 IP
  9. ryan1918

    ryan1918 Active Member

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    #9
    You can use the domain as long as it's unrelated to anything to do with microsoft or it's products or reselling them, UNLESS you have a written agreement stating your allowed to use there trademark, names, domains, including the actual domains so they can't sue you, but they will never do this, if you do start a site they will sue you, win and keep your domain and put you in the hole for a lot of money.
     
    ryan1918, Apr 10, 2012 IP
  10. Dave Zan

    Dave Zan Well-Known Member

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    #10
    Dave Zan, Apr 10, 2012 IP
  11. ryan1918

    ryan1918 Active Member

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    #11

    And your a idiot if you think facebook has ANY legal grounds for seizing his domain, learn a thing or two about the law and you will see company's will try to bully you before they even try to find a reason to get you.

    It's not a smart idea of course to piss off large companies, but if people allow them to bully them around, who will be around to stick up for anyone?

    Call a trademark lawyer pay him $50 to tell you exactly what I told you, you will learn quickly.
     
    ryan1918, Apr 17, 2012 IP
  12. Dave Zan

    Dave Zan Well-Known Member

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    #12
    Heh, you might want to take your own advice. There's a time and place for standing one's
    ground and submitting humbly without further incident, though I grant the latter is harder
    to do given one's ego.

    And should any sensibly reasonable trademark lawyer tell the OP opposite what you boldly
    claim, what then? Should he keep asking another lawyer until he gets one who will tell him
    what he wants to hear?

    What would you rather have: someone tell you a painful truth or a sweet lie? You tell me.
     
    Dave Zan, Apr 18, 2012 IP
  13. ryan1918

    ryan1918 Active Member

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    #13
    Well I like to take my stand even if it's murky waters, that being said I don't want to give him the wrong advice, but he shouldn't fold either, Just because a company's trademark is in a domain doesn't give them the 100% legal right to own it, or take it over, EVEN if you registered it way after the trademark was filed, Because if he isn't using it FOR profit, or to hurt the company, what is he legally doing wrong besides having the word in it.

    I will show you some examples of what exactly I mean by showing cases of company's such as microsoft going after these types of sites/domains and the panel voting AGAINST the companies when the person wasn't using the domain in a "bad" way.

    Now if he registered it with every intention of selling microsoft products(for profit) without any direct legal response to them giving him authorization to do so, then hell yes he better get ready to battle, and fight, because he will likely lose, and his domain be seized, not limited to civil penalties or alike.

    Now if he opened it, and was using it as a non-profit he could have a chance(slim, but still a chance) to win his case once the board see's he is only helping the company he is using the trademark to, so he isn't making them lose any money, nor would he be causing damage to the brand.
     
    ryan1918, Apr 25, 2012 IP
  14. Linktub

    Linktub Well-Known Member

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    #14
    Talk to a lawyer.
     
    Linktub, Dec 26, 2012 IP