Registered a copyright domain name

Discussion in 'Legal Issues' started by swapshop, Jul 6, 2007.

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  1. #1
    If you can register a domain name this means you can use it?

    What I mean is if you are not allow to use it then you shouldnt be able to register a domain name.

    Ie Digg can you not register a name using digg like pigdigg or diggme etc

    If I regiser a name with digg in it does this mean trouble?

    Does it mean the domain is not useable due to copyright?

    If this is the case how do we in the future know if you can or can not register a domain name?
     
    swapshop, Jul 6, 2007 IP
  2. Crusader

    Crusader Peon

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    #2
    This has nothing to do with with copyright, but it is rather a trademark issue. The fact that the domain is available does not mean that you can use it and that there won't be any trademark issues. The rightful trademark owners need to defend their trademark in order to retain their trademark protection. Some companies are much more aggressive with their protection than others.

    However if you create a site using a trademarked name, and it is totally unrelated to the site/business the trademark holder runs, you stand a good chance of being able to defend that domain.

    Taking your example of "Diggme". If you create a site that relates to exchanging Diggs or to the Digg site. Then in all likelihood they will send you a cease and desist letter and require you to give them the domain.

    If you create a dating site, image rating site, or even a grave diggers site for the same domain (which means it's totally unrelated to Digg) then you won't run into any issues, and if you do, you'll stand a good change of being able to fight them.

    If they can proof "bad faith" usage on your part, then the trademark holder can very easily force you to give them the domain name. In general it's not a very good idea to register a domain name with a trademark in it.

    See:
    Trademark Domain names
    Domain names and trademark FAQ
    Avoid Trademark Infringement
     
    Crusader, Jul 7, 2007 IP
  3. swapshop

    swapshop Peon

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    #3
    Great thats help me understand.
     
    swapshop, Jul 7, 2007 IP
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