Trademark.info

Discussion in 'Legal Issues' started by Entherman, Dec 29, 2009.

  1. #1
    Hello,
    (bananaz 'R used as an example)

    bananaz is a name of a company. They have their own domain - bananaz.com, and some other sites in some countries, like bananaz.co.uk, bananaz.com.au , and as far as I know - they are official.

    bananaz.im is not registered. Can I register bananaz.im and use it ?
     
    Entherman, Dec 29, 2009 IP
  2. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #2
    It depends on the exact name, not an example. If the usage of the domain is going to be similar or about a product/service they offer, it would almost certainly be trademark infringement.
     
    mjewel, Dec 29, 2009 IP
  3. gkd_uk

    gkd_uk Well-Known Member

    Messages:
    979
    Likes Received:
    74
    Best Answers:
    1
    Trophy Points:
    165
    #3
    If it's trademarked, then they can take the domain from you.
     
    gkd_uk, Dec 29, 2009 IP
  4. browntwn

    browntwn Illustrious Member

    Messages:
    8,347
    Likes Received:
    848
    Best Answers:
    7
    Trophy Points:
    435
    #4
    You can register it without a problem. Whether or not you can use it depends on whether you intend to use the name in a manner that will be competing and confusing with the existing owner/user of the mark.

    It is your intended usage that makes it legal or not.

    If he is selling wholesale bananas, then you certainly cannot do that with the name. But you might be able to use the same name to sell woman's shoes without a problems. So you need to think about whether your intended usage is in competition with the existing name owners.

    If they are using the name in commerce they have a common law trademark on the name already. Actual registration of the mark is not required.
     
    browntwn, Dec 29, 2009 IP
  5. checkblog

    checkblog Well-Known Member

    Messages:
    1,212
    Likes Received:
    5
    Best Answers:
    0
    Trophy Points:
    128
    #5
    IF it is a trademark, then difficult to say.
    Make sure you site focus on different area.
     
    checkblog, Dec 29, 2009 IP
  6. Entherman

    Entherman Peon

    Messages:
    173
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #6
    I am intending to write a blog about banana products ( from bananaz )

    Can I use bananaz-blog.com or about-bananaz.com ?
     
    Entherman, Dec 29, 2009 IP
  7. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #7
    Is that the actual name you intend to use? If not, again it depends on the actual name. Famous and coined marks have more protection, i.e. you can't register microsoft.im and use it for anything without a good chance of having legal action against you.

    If the trademark holder "thinks" you are infringing upon their rights, do you want to risk being sued and spending tens of thousands of dollars in legal fees to prove it isn't infringement?
     
    mjewel, Dec 29, 2009 IP
  8. Entherman

    Entherman Peon

    Messages:
    173
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #8
    Can I register rebook.im and write about sportswear ?
     
    Entherman, Dec 29, 2009 IP
  9. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #9
    If you want to risk a good chance of being sued.

    You can't ride the goodwill established by someone else by trying to get cute with similar or misspelled domains. Don't try and find a domain that is close or confusing with someone else's business - come up with your own unique name or something generic like "thesportswearblog".
     
    mjewel, Dec 29, 2009 IP
  10. Entherman

    Entherman Peon

    Messages:
    173
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #10
    How about about-rebook.com or rebook-blog.com ?
     
    Entherman, Dec 29, 2009 IP
  11. browntwn

    browntwn Illustrious Member

    Messages:
    8,347
    Likes Received:
    848
    Best Answers:
    7
    Trophy Points:
    435
    #11
    How about not using a trademark term in the domain name?

    You are purposely suggesting using a trademark name so you can benefit from that name - that is exactly what you are not allowed to do.
     
    browntwn, Dec 29, 2009 IP
  12. Entherman

    Entherman Peon

    Messages:
    173
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #12
    Yes. I want to use trademark name, to achieve high results on search query "is rebook sportswear good". That is illegal ?
     
    Entherman, Dec 29, 2009 IP
  13. browntwn

    browntwn Illustrious Member

    Messages:
    8,347
    Likes Received:
    848
    Best Answers:
    7
    Trophy Points:
    435
    #13
    If that is your purpose then I would just use ordinary domain name and have the keywords you want in the other parts of the url.

    anydomain.com/rebook-products/etc.
     
    browntwn, Dec 29, 2009 IP
  14. arnolds1234

    arnolds1234 Guest

    Messages:
    1
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #14
    thanks for the info i learned a lot from this site...
     
    arnolds1234, Dec 29, 2009 IP