Hi, i have registered domain names for an upcoming release of a product. the release has been known for quite some time and surprisingly, the domains were available. i would like to know if there are certain domains that are illegal, if I'am planning to offer a service related to the products trademarked name Thank you:
What is it with the trademarks ? So no one can open iphone related website which domain includes the word iphone ? As i have just registered left4dead net domain, i can have a fan based site. Who can make me close it ? IMO if i don't sell illegal copies of the original thing through that site nothing is wrong with it. If they can do so they have to close all sites listed at : http://www.l4dtop100.com/ Because they all include same words.
Depends on the Trademark and who owns it. The problem with Trademarks is that in order to keep them, the owner MUST take all necessary steps to protect them or else they lose the Trademark and anyone can use it. So they do. That's why you see stupid stories appearing from time to time about for example, some 75 year-old widow being taken to court because her home baking is sold with a label similar to a registered Trademark. It's because the Trademark owner MUST defend it. So it is with any domain. That doesn't mean the domain will be challenged immediately. The worst thing that can happen there is spending lots of time, effort and money building up a domain and then it gets taken from you via a WIPO action.
Not all trademark included names are whisked away but the ones becoming popular are surely taken away. Why would anyone want to work hard with a name that has every possibility of being confiscated... particularly when it begins to gain good visibility and time for reaping rewards has come? I guess... it is always wise to begin work with a clean slate! Regards, RightMan
a question then.......could sony wipo the domain names ps6.de ps5.net etc etc? now even tho sony prolly havent registered them as trademarks ps* etc.........when most people online talk about the playstation they say ps3,ps2 etc...............doesnt that give sony a rightful argument to take these names via wipo??
Not necessarily. If Sony register the Trademark, PS5, for example, and someone owns the domain, ps5.com, but are using it for entirely unrelated business, then Sony would be unlikely to even try to snag the domain. If however, the domain was being used exclusively for Playstation related business then Sony may well be granted it via a WIPO action. It's a bit of a grey area when speaking theoretically. Best example that springs to mind is iTunes. Apple were granted the Trademark but a guy in the UK already owned itunes.co.uk and had done before Apple registered the Trademark. Apple eventually won. http://www.theregister.co.uk/2004/12/06/apple_itunescouk_domain_dispute/ http://www.zdnet.co.uk/news/it-strategy/2005/03/15/apple-claims-victory-over-itunescouk-39191499/
I have owned before 2 trademark domains .info , one of them the owner of the trademark contacted me to transfare the domain to him within 72h. and I did, and the other domain I have sold it for $200, so if you want to play this game, don't spend alot of money there.