trademark issues

Discussion in 'Legal Issues' started by hitboy, Jan 14, 2007.

  1. #1
    Hello I was thinking about getting some domains. The problem is within the domains I want to get they are trademarked names. But the sites I wanted to create would be totally unrelated to them and not even affiliated.

    For example it would be something similar to paypalsucks.com or something

    Please let me know what I should do... if this is a good idea or not thanks
     
    hitboy, Jan 14, 2007 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    It really depends on the actual name. If the trademark is very a very unique name, it could be argued that the domain name alone is infringement - regardless of the sites content or disclaimer. If the domain name could cause confusion (regardless of site content) i.e. applecomputersupport.com (which sold stuffed animals not related to Apple) it is still infringement.

    paypalsucks is a unique situation because it is protected under free speech and the courts have ruled that an average visitor would not assume paypal operated the site.

    A good rule of thumb - if you are registering the name in hopes of getting some traffic from the trademarks goodwill - it is probably infringement.

    Unless you are talking about very generic names (i.e. apple.net that sells a perfume called "apple") you will have some risk when dealing with trademarked terms. While trademarks are granted by classification, it doesn't stop some aggressive companies from suing anyone they think is riding their goodwill. Unless you want to spend tens of thousands of dollars defending your right to use the name, it is probably best to stay away from them. Even if you win in court, you won't likely get any of your legal fees or costs awarded to you.
     
    mjewel, Jan 14, 2007 IP
  3. FunkyDog

    FunkyDog Well-Known Member

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    #3
    It really all depends on a few factors... first, what's your intention with the domain? Secondly: how difficult or easy going are the TM owners? It all depends. I've seen sites with the word "Nintendo" in it, not owned by Nintendo, developed with the help of Nintendo with the agreement that the site will only promote or sell their produkt. It really depends on a few factors.
     
    FunkyDog, Jan 14, 2007 IP
  4. hitboy

    hitboy Well-Known Member

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    #4
    I will be making sites like paypalsucks same concept
     
    hitboy, Jan 14, 2007 IP
  5. browntwn

    browntwn Illustrious Member

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    #5
    If you are doing it as a means to make money, it is not a good idea.

    I don't think you will find any ads on paypalsucks.
     
    browntwn, Jan 14, 2007 IP
  6. hitboy

    hitboy Well-Known Member

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    #6
    yeah that is not my motive lol
     
    hitboy, Jan 14, 2007 IP
  7. chamatkaribaba

    chamatkaribaba Peon

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    #7
    It depends on whether the website is very famous or not and its domain name should be similarly related to the service it provides, Otherwise, You can take similar domain name and can start seperate kind of business.
     
    chamatkaribaba, Jan 15, 2007 IP
  8. Dave Zan

    Dave Zan Well-Known Member

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    #8
    Then what is your motive?

    Answer that honestly, and you've practically answered your first question.
     
    Dave Zan, Jan 15, 2007 IP
  9. hitboy

    hitboy Well-Known Member

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    #9
    Well I just personally dont like some companies and i feel they treat clients unfairly not only me but others as well.

    so i want to help the consumer world lol
     
    hitboy, Jan 15, 2007 IP