Trademark take over domain

Discussion in 'Legal Issues' started by Cyptc, Sep 15, 2009.

  1. #1
    i have a question. I learned that a domain I own is a trademark for a brand. I bought the domain as it also means professional consulting service for a specific country, and thats what I was going to.

    Now that I have learned that there is a brand I was thinking of getting another domain for the consulting service although this domain suits it and sell products of that particular brand under the domain I own.

    Would this be a breach? Can this be a cause of losing the domain? I couldn't find a place that has more detail about this.

    Thanks
     
    Cyptc, Sep 15, 2009 IP
  2. Cyptc

    Cyptc Peon

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    #2
    would really appreciate if any1 can answer this for me.

    Thanks
     
    Cyptc, Sep 16, 2009 IP
  3. DarylR

    DarylR Guest

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    #3
    If it's a dictionary word then you'll most likely get away with it.
     
    DarylR, Sep 17, 2009 IP
  4. Cyptc

    Cyptc Peon

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    #4
    Thanks for the reply. no its not a dictionary word. It is the combination of half one word and half a country name on the other end.

    as an example if you had a name called ecousa which would mean economical usa and a company took the name ecousa as a trademark what would happen?

    Would I lose my domain?
    Can I keep it if it were to used to give information about economical consulting to usa for companies?
    Can I keep it if I were to sell ecousa company products?

    Thanks
     
    Cyptc, Sep 17, 2009 IP
  5. anarchy

    anarchy Peon

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    #5
    If both products are dissimilar, and not the same industry you will be ok.
     
    anarchy, Sep 17, 2009 IP
  6. Cyptc

    Cyptc Peon

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    #6
    ahh so as long as I keep it a consultancy company I have no problem.

    So 2 questions.

    1) I cant sell that companies products as a retailer using the sites name?
    2) What if it does not work our and I keep the domain locked and do not use it.
    3) What if I direct it to to another website i own that sells general products not from the company.

    Can you please answer what would happen under each of these questions. Thanks for taking the time.
     
    Cyptc, Sep 17, 2009 IP
  7. Dave Zan

    Dave Zan Well-Known Member

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    #7
    Truth be told, there is no all-in-one answer to your question. If anything, it'll
    boil down to what's called likelihood of confusion.

    If some trademark holder out there is prepared to demonstrate the words you
    use will somehow confuse users with their mark, expect trouble. Only a lawyer
    with real-world experience can truly give you an accurate answer.
     
    Dave Zan, Sep 18, 2009 IP
  8. 17black

    17black Member

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    #8
    ahh so as long as I keep it a consultancy company I have no problem.

    So 2 questions.

    1) I cant sell that companies products as a retailer using the sites name?
    2) What if it does not work our and I keep the domain locked and do not use it.
    3) What if I direct it to to another website i own that sells general products not from the company.

    Can you please answer what would happen under each of these questions. Thanks for taking the time.

    Generally speaking...

    1. Yes, you can sell the companies products as a retailer using the sites name if you are an authorzed distributor or authorized retailer of their products and the brand allows affiliates to use their company name in the url.

    2. If you keep it and do nothing with it, you should probably be okay since you are not "profiting" from it.

    3. If you redirect it to another website you own that sells general products this may not be good as stated earlier "it could create confusion."

    Hope this helps...
     
    17black, Sep 19, 2009 IP
  9. UNBREAKABLE

    UNBREAKABLE Peon

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    #9
    I have taken over 27 domain names from people because they had my trademark in their domain. Do not do it!
     
    UNBREAKABLE, Sep 19, 2009 IP
    mjewel likes this.
  10. Cyptc

    Cyptc Peon

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    #10
    Thanks for the responses!
     
    Cyptc, Sep 20, 2009 IP
  11. Jontish

    Jontish Well-Known Member

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    #11
    If your domain can somehow get confused with the original then it's not a good idea.
     
    Jontish, Sep 21, 2009 IP