microsoftcompany.com - can it go to far ?

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

  1. mjewel

    mjewel Prominent Member

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    #21
    It's not that simple. A disclaimer can only be read once the "theft of traffic" has occurred from confusion of the brand name. While fair use can be a defense in some cases, when you are talking about a domain that a large trademark holder doesn't want you to have or use, you can wind up spending hundreds of thousands of dollars to prove "fair use" - and if you win, you get a domain that can't be used commercially to produce revenue and you are out attorney fees. If you lose, you could be ordered to pay treble their legal fees (in addition to their own) AND damages. Fee people would want to spend that kind of money to keep a domain they can never profit from. A domain like "microsoftsucks" would be different, because a consumer isn't likely to believe that it is a microsoft operated website and the usage would have a free speech argument. The OP's domain is a lawsuit ready to happen. Very easy to make an argument that a consumer would see the domain name and might believe it is owned by the trademark holder.
     
    mjewel, Apr 17, 2010 IP
  2. TheLeadersFactory

    TheLeadersFactory Peon

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    #22
    Yes, you are absolutely right, trademark issues are never that simple but the commercial intent can trigger the legal dispute faster than what it took me to write this post, while forums or editorial reviews are less likely to cause trouble.*

    * Disclaimer. I am not a Texas licensed lawyer and this opinion should not be considered legal advise.
     
    TheLeadersFactory, Apr 17, 2010 IP
  3. kishor212

    kishor212 Guest

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    #23
    They WOnt Shutdown of their own..! But They will be Forced to Do That Lol..!
     
    kishor212, Apr 17, 2010 IP
  4. web_tweaker

    web_tweaker Peon

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    #24
    You need some lawyers mate.....
     
    web_tweaker, Apr 18, 2010 IP
  5. luckystar12345

    luckystar12345 Peon

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    #25
    Microsoft" is a registered trade mark. Noone can use it without promotion of the owner.
     
    luckystar12345, Apr 20, 2010 IP
  6. Pixelrage

    Pixelrage Peon

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    #26
    Shows how great Google Adwords is for allowing that domain name to get through its system.... lol
     
    Pixelrage, Apr 23, 2010 IP
  7. almondj

    almondj Peon

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    #27
    but who was phone?
     
    almondj, Apr 28, 2010 IP