So I can't put 'Myspace' in a domain?

Discussion in 'Domain Names' started by Twan, Jun 13, 2006.

  1. #1
    If I'm started a site with a bunch of Myspace stuff, I can't put the word Myspace in the domain?
     
    Twan, Jun 13, 2006 IP
  2. iowadawg

    iowadawg Prominent Member

    Messages:
    10,918
    Likes Received:
    811
    Best Answers:
    0
    Trophy Points:
    380
    #2
    They will hunt you down and shut you down.

    Do a search on the forums for reasons why.
     
    iowadawg, Jun 13, 2006 IP
  3. mike_d

    mike_d Peon

    Messages:
    73
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #3
    Pretty soon you'd get a laser tracer dot dancing about on your forehead...
     
    mike_d, Jun 13, 2006 IP
  4. ServerUnion

    ServerUnion Peon

    Messages:
    3,611
    Likes Received:
    296
    Best Answers:
    0
    Trophy Points:
    0
    #4
    putting a trademarked term within the domain name will not be allowed. You can however place it in the subdomain or folder text.

    Good luck...
     
    ServerUnion, Jun 13, 2006 IP
    fsmedia likes this.
  5. rubeina

    rubeina Invisible Staff Affiliate Manager

    Messages:
    2,274
    Likes Received:
    428
    Best Answers:
    0
    Trophy Points:
    295
    #5
    Does all these domains belong to myspace or have they not been hunted yet?
    http://www.myspace-codes.com/
    http://myspace-html-layout.com/
    http://www.myspace-layout-background.com/
    http://www.myspacegeeks.com/
    http://www.myspace-games.com/
    among others... I just did a little search on google.
     
    rubeina, Jun 13, 2006 IP
  6. SonicReducer

    SonicReducer Peon

    Messages:
    1,012
    Likes Received:
    40
    Best Answers:
    0
    Trophy Points:
    0
    #6
    You can do it, for a while. But, sooner or later they will contact you with a cease and desist. Why go through the trouble for something you know won't last? It's not worth it.
     
    SonicReducer, Jun 13, 2006 IP
  7. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #7
    Just because there are many people infringing upon a trademark - it does not make it legal and the owner is subject to loss of income, punitive damages, treble legal fees, etc - although most (not all) larger companies will send you a C&D before taking action because the chance of recovery usually isn't worth the expense. A trademark holder can also go to ICANN and take the domain under certain circumstances. In the short term you may get away with it, but eventually you will hear from the trademark holder - as they have a legal obligation to go after infringement to prevent losing their mark.

    There are some gaming companies look the other way on the use of their trademark, but myspace isn't one of them. MySpace doesn't have exclusive right to the name (there are actually several different trademark holders of the name) but if the content is in any way related to their site or is in the same or similar sector, it is infringement to use "MySpace" plus anything else, with any TLD.

    Putting a disclaimer on the site does NOT prevent infringement with the domain name- nor does it matter if your site is "PRO" company and sends them any number of visitors.
     
    mjewel, Jun 13, 2006 IP
  8. KalvinB

    KalvinB Peon

    Messages:
    2,787
    Likes Received:
    78
    Best Answers:
    0
    Trophy Points:
    0
    #8
    PayPalSucks.com will never be taken down because it's a site about why PayPal sucks. Actually, it's a site run by a PayPal competitor. (shocking, no?)

    Same with the other *sucks.* sites out there.

    You can use trademarked names without legal problems but you have to be very very careful how you use it.
     
    KalvinB, Jun 13, 2006 IP
  9. fryman

    fryman Kiss my rep

    Messages:
    9,604
    Likes Received:
    777
    Best Answers:
    0
    Trophy Points:
    370
    #9

    Are you a lawyer, or is is just some BS you made up?
     
    fryman, Jun 13, 2006 IP
  10. ahkip

    ahkip Prominent Member

    Messages:
    9,205
    Likes Received:
    647
    Best Answers:
    0
    Trophy Points:
    310
    #10
    no one knows, different company have different policy..they have the right to do it. and they do what they want to do :d

    However, you don't want to do it. Do you want to spend a years to develope site and myspace take it from you after all of your hardwork. There is certain risk...
     
    ahkip, Jun 13, 2006 IP
  11. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #11
    The courts have ruled that "xxxxxsucks" isn't trademark infringement because a reasonable person would assume is NOT operated by the trademark holder (although many companies do register "xxxxsucks" to prevent such a site) - and it falls under free speech - HOWEVER, you still can't register such a name and then put content like "MySpace" codes, etc on it. You can express why you think a company "sucks" but still could be held responsible if you made libelous comments - i.e. the CEO is embezeling company funds or the CEO likes little boys, etc.

    It isn't a method for using a trademarked name and then offering related content.
     
    mjewel, Jun 13, 2006 IP
  12. Egnited

    Egnited Well-Known Member

    Messages:
    792
    Likes Received:
    5
    Best Answers:
    0
    Trophy Points:
    110
    #12
    Many people do get away with it, but it's always good to try thinking up a domain without the TM in it, as a precaution.
     
    Egnited, Jun 13, 2006 IP
  13. KalvinB

    KalvinB Peon

    Messages:
    2,787
    Likes Received:
    78
    Best Answers:
    0
    Trophy Points:
    0
    #13
    "Are you a lawyer, or is is just some BS you made up?"

    I think it was the owners of "FordSucks.com" that were sued and won in court. You can use *sucks.com all you want.

    You can see for yourself that PayPalSucks.com is alive and well and I'm pretty sure PayPal tried to sue them as well.

    It's now precendent.

    So yes, it's a fact you can use TMs in domains for certain purposes.

    It's called freedom of speech. Not freedom of marketing. Those that use TM's for marketing purposes will get their asses sued and lose big time. Those that use TMs to voice their opinion about the TM are safetly protected by the legal system.
     
    KalvinB, Jun 14, 2006 IP
    ServerUnion likes this.
  14. ServerUnion

    ServerUnion Peon

    Messages:
    3,611
    Likes Received:
    296
    Best Answers:
    0
    Trophy Points:
    0
    #14
    KalvinB sums it up nicely for us. thanks...
     
    ServerUnion, Jun 14, 2006 IP
  15. fryman

    fryman Kiss my rep

    Messages:
    9,604
    Likes Received:
    777
    Best Answers:
    0
    Trophy Points:
    370
    #15
    fryman, Jun 14, 2006 IP