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question about a domain name

Discussion in 'Legal Issues' started by kaparo, Sep 25, 2006.

  1. #1
    Hi all,

    I'm going to open a new site, dedicated to Samsung products. I'm thinking about something like, for example

    everythingsamsung.com, samsungportal.com or techsamsung.com ...

    However I'm wondering if this is allowed and legal ... according to the ACPA or WIPO, for example. Or I should go with some domain name that does not contain "samsung" at all? Could you suggest please?
     
    kaparo, Sep 25, 2006 IP
  2. Skinny

    Skinny Peon

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    #2
    Don't take anything with samsung.

    Why?

    Samsung is a trademark. That means that if they want to they legally own the domain (I'm not a lawyer).

    Now you can register it and they may not bother you, but I've seen it in many cases where sites were dedicated for a company and even drove traffic to the main company's website, and the company still stripped the domain from the user.

    If you don't give them the domain once registered they could take you to court.

    My 2 cents: avoid the hassle and don't register a name with a trademarked term.

    Skinny
     
    Skinny, Sep 25, 2006 IP
    mcfox likes this.
  3. eddy2099

    eddy2099 Peon

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    #3
    Don't do it unless you want to be hit by Samsung legal department.

    In the past, I did some web work for one of Samsung sponsored project and it took it while to get an okay to have samsung in the domain name which was a name suggested by Samsung Marcomm department.

    Go with names with does not contain trademark names so that you do not need to look across your shoulder every time.
     
    eddy2099, Sep 25, 2006 IP
  4. Bundy

    Bundy Active Member

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    #4
    They’ll appropriate it just like that, if they would be interested.
    It’s a lost case beforehand.
     
    Bundy, Sep 26, 2006 IP
  5. Dave Zan

    Dave Zan Well-Known Member

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    #5
    You can actually go ahead, register it, and use it in whatever way you want as
    long as you don't violate trademark laws. But do weigh your risk if it's worth it,
    especially based on what your intent is in the first place.
     
    Dave Zan, Sep 27, 2006 IP
  6. Bundy

    Bundy Active Member

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    #6
    Before you give such suggestions take deep look here:
    http://www.wipo.int

    Especially browse this section:
    http://www.wipo.int/amc/en/domains/decisions/index-gtld.html
     
    Bundy, Sep 27, 2006 IP
  7. Dave Zan

    Dave Zan Well-Known Member

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    #7
    I'm well aware of those. That's why I included these:

    Can I create a review site about ebay? Sure I can.

    Why? Because I want to.

    Can I make money off it? Nope, not even adsense.

    Will I keep it? If ebay will let me.
     
    Dave Zan, Sep 29, 2006 IP
  8. MattUK

    MattUK Notable Member

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    #8
    If you're looking to sell just Samsung products email and ask them for permission, they may send you their permission.
     
    MattUK, Sep 29, 2006 IP
  9. abe

    abe Active Member

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    #9
    depends on what country you're in
     
    abe, Oct 1, 2006 IP
  10. Dave Zan

    Dave Zan Well-Known Member

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    #10
    If it's a .com domain name we're talking about here, it doesn't matter.

    The .com Registry is in Virginia. If a trademark holder sues and wins under the
    ACPA (just google it), they can enforce the Registry to transfer the name to
    them without any say-so from the registrant.
     
    Dave Zan, Oct 2, 2006 IP