Violating a Trademark?

Discussion in 'Domain Names' started by abercrombie, Apr 24, 2011.

  1. #1
    Ok, I registered AXEFIRE.COM when it dropped about a couple years ago. I was thinking of creating a brand around AXEFIRE and checked the Trademarks and did see "AXEFIRE GOLD" which is a decorative and protective gold coating sold as a component of guitar whammy bars, guitar bridges, guitar tremolos... This was back in 2003.

    My brand would center around Web design, Photography, or selling stuff on eBay. Would I violate a trademark by using that name? :confused:
     
    abercrombie, Apr 24, 2011 IP
  2. TomAlciere

    TomAlciere Peon

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    #2
    This ain't legal advice. Just register both AXEFIRE and AXEFIRE GOLD domains. Then call the AXEFIRE GOLD people and offer to give them the AXEFIRE GOLD domain if they sign off on your domain, AXEFIRE That sounds fair to me but run it past your lawyer.
     
    TomAlciere, Apr 27, 2011 IP
  3. Mystique

    Mystique Well-Known Member

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    #3
    Best of all, post in the appropriate forum to get expert advise.

    If you register those domains and then offer them to the owner of the trademark, it's more likely you have to give away the name for free, get paid (if lucky) the reg'ed price and even get a lawsuit.

    Post your question in the Legal advice forum so you get right guidance.
     
    Mystique, Apr 27, 2011 IP
  4. xowi

    xowi Well-Known Member

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    #4
    Being an owner of domains that have multiple TM's held by others as well as myself, all I can add is if your product does not compete with theirs most could care less and won't waste the legal. It's all about protecting brand and customer base. If your sweating it out, go to dnforum.com and ask one of the attorneys that frequent the boards.
     
    xowi, Apr 28, 2011 IP
  5. CannabisSEO

    CannabisSEO Well-Known Member

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    #5
    I have always heard that if you are not competing directly with their business or product then you will most likely not hear from them.
     
    CannabisSEO, Apr 28, 2011 IP
  6. WallaceYeung

    WallaceYeung Notable Member

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    #6
    don't take the risk, i would think an alternative domain instead. ;)
     
    WallaceYeung, Apr 28, 2011 IP
  7. Impaler

    Impaler Peon

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    #7
    most certainly do not contact them first, do not offer that domain name. you might awaken a sleeping giant :) just do you thing and hope for the best since competition is indirect.
     
    Impaler, Apr 29, 2011 IP