Hi, Let's say I want to sell playstation 3, And I want to open a new website, with a domain like "playstation3store.com, would that be illegal and SONY would have the right to sue me, or demand that I would not continue using it? How does it apply in general to all trademarked items, are there any differences? if so how can I observe them? And how do I find out in general if a certain name is trademarked? Thanks
You should read through this thread because it have been answered in great detail at least 100 times - more than could be posted in a few minutes. In the US, there are common law trademarks and Registered Trademarks (State and Federal). Simply put, first to use, in a particular classification, establishes rights. You don't need to have a formal registration to have some rights to a name. Using playstation in a domain would certainly be trademark infringement. Adding additional words or a different tld doesn't get around infringement. You can't ride the goodwill established by someone else. Having said that, the game community can be unique, not because it isn't infringement, but because they often look the other way in certain circumstances. Without getting permission from the trademark holder, it is always possible they could take the domain or sue you. A name like "playstation3store.com" would likely get you a C&D as it would cause a greater confusion than some other names that would also infringe. Checking for a Federal Registration can be done at uspto.gov - however, phonetic and misspellings can also be infringement. To do a good search that includes common law and registered marks, expect to pay several hundred dollars (and it's still not a guarantee). The rule of thumb comes down to common sense - if you are attempting to register a domain that sounds like or includes a trademark because you are trying to associate (or tell the consumer) that you are selling their product or service - it is almost certainly infringement.
Given that example they can sue you. However if you are selling actual PS3 systems it could fall under fair use doctrine. I would search WIPO decisions for playstation and see what triggers Sony. I have a lot of Sony gaming sites and no problems but some just park them or add affiliate links. That might trigger a legal response. Goodluck to you.
Contact Sony Legal and ask them. From what I see, you would most probably not be granted the rights to use a trademark. See http://www.playstation.com/terms.html