microsoftcompany.com - can it go to far ?

Discussion in 'Legal Issues' started by EvcRo, Mar 19, 2010.

  1. #1
    What do you think ? saw an google ads on top and follow it :D can this guys stay up long enough to make a buck ? can microsoft shut down their site ?
     
    EvcRo, Mar 19, 2010 IP
  2. kalpana.allu

    kalpana.allu Peon

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    #2
    why the microsoft should shut down.
     
    kalpana.allu, Mar 19, 2010 IP
  3. lcwadminbj

    lcwadminbj Peon

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    #3
    yes they can and will.
     
    lcwadminbj, Mar 19, 2010 IP
  4. UB Mike

    UB Mike Peon

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    #4
    "Microsoft" is a registered trade mark. Noone can use it without promotion of the owner.
     
    UB Mike, Mar 22, 2010 IP
  5. twitterdev

    twitterdev Peon

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    #5
    Yes. They can
     
    twitterdev, Mar 22, 2010 IP
  6. psharma

    psharma Prominent Member

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    #6
    They most probably will do it very soon.
     
    psharma, Mar 22, 2010 IP
  7. joshvelco

    joshvelco Peon

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    #7
    Once they start making money, they'll be noticed by MS and will be taken to court. Microsoft is a trade mark, trade mark infringement is much more serious than copyright infringement. They can, will, and should be shut down
     
    joshvelco, Mar 22, 2010 IP
  8. luckyv172

    luckyv172 Peon

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    #8
    Wow that site has so many sponsor ads and has a PRAGERANK 2 . well wont stay for long . he is just wasting his time . As soon as MS finds out . they are gonna sue him .
     
    luckyv172, Mar 22, 2010 IP
  9. niroshana35

    niroshana35 Well-Known Member

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    #9
    Talking about Trade mark issues here. It's registered as a domain name, if it is not allowed then why they allow to register it. According to Whois info
    Domain Name: MICROSOFTCOMPANY.COM
    Created on: 14-Oct-09
    Expires on: 14-Oct-10 No one has taken any action yet.
     
    niroshana35, Mar 22, 2010 IP
  10. gameutopia

    gameutopia Peon

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    #10
    What is the site just a directory article type of site right? Kind of a little unusual domain name to select for the site, but I guess everyone has a dream and idea.
     
    gameutopia, Mar 23, 2010 IP
  11. EvanP

    EvanP Banned

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    #11
    Yes, they will be shut down very soon.
     
    EvanP, Mar 23, 2010 IP
  12. TheGlobber

    TheGlobber Active Member

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    #12
    Of course they can shut him down BUT i think microsoft has other bigger issues to take care of so probably they wont bother..
     
    TheGlobber, Mar 24, 2010 IP
  13. stephenc

    stephenc Peon

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    #13
    Can MS shut it down? Well, they can ask certain authorities to and go through
    legal channels. They can threaten the host. If a site uses a brand name and can
    show cause as to why, example: allstateinsurance.org
    then even small people can keep domains. I'll bet a lot of people here use
    warriorforum as well. I just found out there is a warriorforumsucks.com.
    I doubt if warrior forum gives a hoot, just like MS could give a hoot.

    And let me point out that allstateinsurance.org. clearly uses a brand name and
    copied logo, is displaying google adsense.

    Too many people jump in without really knowing what dynamics are at work.

    If you use microsoft in a domain, and pass yourself off as a microsoft site or
    a competitor, then maybe microsoft will get themselves in a tizzy and take
    legal action.

    Hate sites and parodies seem to have the upper hand. Sites that just use brands
    for marketing, probably not the way to go.

    Stephen C
     
    stephenc, Mar 24, 2010 IP
  14. mjewel

    mjewel Prominent Member

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    #14
    Microsoft is known as one of the more aggressive companies when it comes to their trademark - anyone who says otherwise is a moron. They have taken thousands and thousands of domains that infringed on their trademarks, and sued many others for $100k. Microsoft can take the domain via a UDRP action or file a lawsuit. Some trademark holders look the other way, or aren't very aggressive - Microsoft isn't one. It will only be a matter of time before they take action on the domain.
     
    mjewel, Mar 25, 2010 IP
  15. dr2000

    dr2000 Peon

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    #15
    Yes Microsoft can take the site down. It's against the law to register a domain that violates a company's trademark.
     
    dr2000, Apr 14, 2010 IP
  16. itmedia

    itmedia Peon

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    #16
    Dr2000 is right
     
    itmedia, Apr 17, 2010 IP
  17. allthatjazz

    allthatjazz Guest

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    #17
    allthatjazz, Apr 17, 2010 IP
  18. affordableweb

    affordableweb Well-Known Member

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    #18
    That website is a violation of the Microsoft trademark because of the way it is being used but owning the domain microsoftcompany.com is legal as long as you do not compete with Microsoft the company. How you own a domain like microsoftcompany.com and not compete with them is beyond me but it can happen with protest sites like consumer reviews. This guy screwed himself with the Google ads and poor content which also violates his Adsense agreement and jeopardizes his entire account.
     
    Last edited: Apr 17, 2010
    affordableweb, Apr 17, 2010 IP
  19. mjewel

    mjewel Prominent Member

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    #19
    Usage can determine infringement, however, in the case of a famous mark like "microsoft" it has much more broad protection and just owning the name alone would cause consumer confusion and constitute trademark infringement/squatting. If this was a mark like "Apple" - then it would be different and usage would be the determining factor.
     
    mjewel, Apr 17, 2010 IP
  20. TheLeadersFactory

    TheLeadersFactory Peon

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    #20
    The content posted under that domain and proper disclaimers can make a huge difference. If you make a user forum or editorial reviews, that is a fair use of the trademark and it's protected by law. If you want to make a obviously for profit website and "milk" the brand recognition... well, you better have an army of lawyers backing you.
     
    TheLeadersFactory, Apr 17, 2010 IP