Hello DPs, I plan to launch a Windows Phone forum. Will a domain name like WinPhoneForum.com or WinPhone.com land me in trouble? The examples are just a suggestion but will contain "Win" in it. Please let me know what you think. Take Care..
No you will be fine, as long as your right that your site does not have any partnership or relations with Windows.
As long as you write a disclaimer stating that you are in no way related to Microsoft or Windows, you should be fine. BTW Nice domains you got there.
And no ads, maybe. Otherwise you might want to ask that party's permission first, or check online how aggressive they are protecting their (possible) trademark rights if any. Good luck on your venture.
You won't get in trouble with that. You cannot get in trouble for taking domains. If your company has Windows in it or another registered trademark yes, but do a google search on how many domains have windows in them... many.
Thanks.. just to clear it up.. this forum will be used exclusively for Windows Phone related queries and discussions. I will though include a disclaimer in the footer area though.
Sorry, but that's not completely correct: http://www.wipo.int/amc/en/domains/decisions/html/2003/d2003-0044.html http://www.wipo.int/amc/en/domains/decisions/html/2004/d2004-0991.html Not all of them are held liable depending on circumstances. Those that do, though, well... And regarding disclaimers, folks: http://www.wipo.int/amc/en/domains/search/overview2.0/index.html#35
He questioned having a domain with "Win" in it, not Windows. There are domains like windowsnetworking.com and some others. They just have added a disclaimer just like everyone else with WINDOWS (not win) in their domain name.
Search for trademarks first in US and Europe before registering a domain. You cant decide the domain name before that. Dont register domain name in haste.
At first I figured the OP was referring to Microsoft's products. Apparently Winphone is used by someone else: Two points here are that a disclaimer isn't necessarily going to shield one from liability, and seeing others doing it doesn't mean it's allowed. While not everybody gets caught, will people's behavior of driving beyond a speed limit tell you if something's so-called legal or not? Of course, nobody here knows what are the actual terms the OP is referring to. That's why I said earlier it can depend on circumstances like if the term's indeed used as a trademark, how aggressive the holder is, how one will use the domain or so, etc.
The copyright will pose a problem, but you could sell the domain name to them though if it doesn't work out.
No, offering to sell a domain to a trademark holder is the last thing you should attempt to do. It will be used as evidence of a "bad faith" registration.
guys that name is just a suggestion. I have a different domain in mind that will use "win" in it. Also I checked on Microsoft site, "win" is not their TM http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/EN-US.aspx
No you woudn't land in trouble. I don't think so you would land in trouble even if win was a trademark of windows as it is a common word. (i'm not sure)
How do you know the OP or anyone won't land in trouble without even knowing the actual term in question? And surely you've loaded gas at Shell...washed your hair with Head and Shoulders...did your laundry with Tide...and a whole host of common words used as trademarks nonetheless. (just not for what they're descriptively known for like those examples I gave...)
As far as I can tell, I don't find there would be any trouble. However you should try to avoid some copyright issue.
Heh, you'll be okay. At least you learned it now rather than the hard way like some poor, unfortunate folks have.
thankyou guyz... u helped me make my mind... i would have asked the same question at namepros but the mods are so arrogant now... anyways thanks all... i will soon register a domain name and share with all of you for an appraisal... takecare.. DP rocks