Qestion About Domain Trademark

Hope this is in the right place was not sure if to put in legal issues or domain names section anyways.

I am looking at doing a new project that is around MineCraft , now i see a lot of sites using MineCraft in the domain name that have been around for years and years, now my question is, is MineCraft a trademarked domain name or am i fine using a domain name with Minecraft in it?

 

Minecraft is trademarked.
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:a9wxzv.2.1

 

You could always gamble, but if MineCraft decides to start slapping UDRP's on people you might be in trouble.

 

i guess it depends what you are doing to attract their attention... many fan sites use the product name in the URL without issue

 

The more successful your venture gets, the more likely that the MineCraft people will go after you for trademark infringement, unless you are a fan page or something else that they like. The problem is that it does not matter who ultimately has the best legal case, it is the cost-of-litigating game that the big companies play to win. With legal maneuvers and delay tactics, they cost the little guy so much in legal fees over time that s/he eventually gives up and stops the alleged infringement.

So, if you think this venture has legs and could grow nicely, I would not want to risk having the above scenario happen just when things are looking great.

 

1) It is really clear that you can not use a registered trademark as your domain name unless you have permission (which can probably be revoked at any time)
2) If you want to do it, then it is a calculated risk as at any time the trademark holder can demand you hand the domain over to them and there is nothing you can do about it.

If other sites are using a trademark in the domain name, it means that:
1) They have permission
2) The trademark holder has decided not to pursue them (eg well behaved fan sites)
3) The trademark holder does not know about it,

 

You forgot about "the trademark doesn't apply where the site is based" - trademarks are regional, and unless someone register the trademark in all trademark associations, they'll have no case (for instance, a trademark registered in the US will normally have nothing on a European site using the same trademarked name).

 

Keep in mind MICROSOFT now owns Minecraft!

I wouldn't put anything past them. They have the money and legal department to go after your domain. If you serious about this new website I would not do it.

Frankly from an SEO perspective today, you can limit your risk a little bit more to a Penguin if you choose your own brand name. You could even pick up an expired domain and re-purpose that.

 

Yes, you can use it and you will not have a problem because is not a trademark name. No R or TM sign near the logo.

 

Uhhhh....

 

pmf what you mean by that?

 

dont think it matters when it a registered trademark

its registered here:
http://www.uspto.gov/trademark

 

Sry, but how you know that is registered there?

 

click Search and type in "Minecraft"

 

Sry but i can't see there nothing about Minecraft trademark

 

Ok now explain me how is then registered http://www.minecraft.com/ as well like trademark?

 

because trademarks are registered in categories, the game company can't stop someone else using the same name for a completely different product unless they register int hat category first - they just can't use the same logo

 

Axa example now if i buy minecraft on some other extension and i use that domain example for world news is that allowed? (is not related with games)

 

yes as long as long as your logo isn't similar, and make sure you have no ads for video games