Lets say, there is a heavy weight franchise (with lots of smart lawyers). Lets say, I want to register this franchise's TM. Is this legal? Or will they ask me to shut down? The site will be all about the franchise, and how sweet it is. I'm not going to be useing the name for my personal benefit (like selling unrelated stuff). Also, If i do register it, and they ask me to hand over the site, I can I ask for compensation? A nice 6 figure sum? (after all, it's pocket change ofr them)
Well, if you do it in bad faith like what you are planning to do, they can just send you a cease and decease letter and you need to give them the domain and who knows you might need to pay them for trademark infringement. Seriously speaking, it is not worth considering.
Don't you mean cease and desist? The other word's kinda morbid, you know. gder01, there are laws regarding trademark infringement. Read about it a little, then weigh the pros and cons depending on your intent for the domain name. Better yet, ask them and see what they have to say. If they see what's in it for them, who knows?
my intent is similar to any site using the word ipod, or google or ..... it will be a site that is essentialy promoting how great the product/service is. I would think the only reason they would send a cease and desist would be: "hmm, that sites making good money off of the traffic, lets take it". I will not be screwing them.
I'm assuming that you mean use this company's trademark in a registered domain name. You obviously can't register someone else's trademark with the PTO. Actually, trademark holders have to vigorously defend their trademarks or they will lose them. It doesn't matter if your site is positive or negative. The FAQ here might answer some of your questions about trademarks and domain registration: http://www.chillingeffects.org/domain/faq.cgi
Good examples that show why you shouldn't do it. Apple goes after any domains with "ipod" in the name. The popular iPod Lounge web site had to change their name and domain to iLounge. Google also strongly defends it's trademarks, including "Google" and "Adsense". See this discussion: http://forums.digitalpoint.com/showthread.php?t=132046
About a year or so ago, I did register several trademark domain names but in my case, I had the blessings of the companies in question. I was doing some online work for them and they were the ones who suggested using those domain names. However, even so, it took them several weeks to clear it with their legal department because they could be registered. So if you are not representing them in an official capacity with their blessings, don't ever consider doing it because you be the one on the losing end. Of course if you are someone who believes that all publicity include bad ones are good then maybe do it, you probably ended up in the news when you refuse to give up the domain and fuss about it.
okey, so if I want to make a site about STar Wars, I cant have "starwars" in the domain? like say www.starwarsinformation.com, or www.starwarsfanforum.org Lucas would be busting down my door? If, so I am saddened.
When in doubt, write to the legal department of the trademark holder and ask. They will be in a better position to provide you with a definitive answer.
Those places typically won't knock down your door because their merchandising is dependent upon site fan frenzy. As long as you don't appear to be Lucasfilms, they probably won't nail you and know you help increase their bottom line, despite their crappy movies which they should pay us for sitting through. It's virtually always economics. iPods are a product and there is a different incentive. Not to say that I am thrilled with the outcome of the iPodLounge situation...
There are lots of examples where big corporations have gone after the little guy to reclaim domains and secure their Intellectual Property (IP). Some recent cases include: Ben Cohen and the Itunes domain name: http://www.theregister.co.uk/2004/12/06/apple_itunescouk_domain_dispute/ Absolut, The Vodka Company and Absolutxxx the adult site: http://www.wipo.int/amc/en/domains/decisions/html/2005/d2005-0992.html Check out http://www.pimpmysnack.co.uk to see the kind of letters you could be getting. The question you have to ask yourself is 'is it worth the hassle?'
well im gunna go for it If they ask me to let go of the site, and I do so, I won't lose any money in terms of legal fees? Just the hosting costs and time etc..
Well, as long as you agree that you violated their trademark and give in willingly, they may not ask you for any settlement. It all depends on what agreement you reach with them. But seriously, I think it would be better to really contact their legal department and ask them for fair usage of the domain name. Who knows, if you get their endorsement, you may get some good publicity and merchandise. If they say No then just do it. At least this way, you do not need to look over your shoulder every time.
I actually know of a big BMW forum in Germany and they have written consent from BMW to have their name in the domain and the forum title because the site isn't making money with their brand. So you should always go for it and try it.