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Win.MS (windows - MicroSoft)

Discussion in 'Appraisals' started by nabil_kadimi, Apr 30, 2010.

  1. mjewel

    mjewel Prominent Member

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    #21
    If the domain is used for ANYTHING related to Microsoft or their business niches then it is trademark infringement and no, a disclaimer is not going to protect you. Microsoft has taken more domains for TM infringement than any other company. They are extremely aggressive and have a team of attorneys ready to sue or file a WIPO.
    SEMrush
     
    mjewel, May 5, 2010 IP
    nabil_kadimi likes this.
    SEMrush
  2. nabil_kadimi

    nabil_kadimi Well-Known Member

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    #22
    What I don't understand is the relation between the word "WIN" or the extension "MS" and Microsoft trademarks !!

    And I see many website which use names that look like well known and established websites:
    twitter.com: retweet.com, tweetmeme.com
     
    nabil_kadimi, May 5, 2010 IP
  3. Cheat

    Cheat Peon

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    #23
    FAIL.MS is still available
     
    Cheat, May 5, 2010 IP
  4. iain123

    iain123 Well-Known Member

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    #24
    Thread: Win.MS (windows - MicroSoft)
    thats your title of the thread ffs !
    lol trying to piggy back on a company like this is utter madness
    how big is your bank account :)

    be carefull how you use it they will take it from you without any thought or effort they have a name to protect

    do you really want to take risks with a company like microsoft if so good luck but i guarentee if they hear about you they will come knocking and dontr forget they can sue you for all earnings you make from their name and they will
     
    iain123, May 5, 2010 IP
  5. mjewel

    mjewel Prominent Member

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    #25
    Those domain names would certainly be trademark infringement if the owner decided they wanted to pursue it. So far, twitter isn't currently enforcing their mark aggressively. They are free to change their mind at anytime. When you are talking about Microsoft (as previously pointed out) it is a different story. They are extremely aggressive and spend millions in legal litigation over domains that are infringing upon their mark. If you use the domain in anyway associated with Microsoft, it is only a matter of time before you hear from their legal department. I think they could make a good argument that the domain alone is enough to cause confusion regardless of what the site is used for, however, using the domain for something completely unrelated would surely be a lot safer.
     
    mjewel, May 5, 2010 IP
  6. nabil_kadimi

    nabil_kadimi Well-Known Member

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    #26
    I appreciate your promptness, I searched the internet (well... part or it) and I found:
    http://forums.windowsforum.org/
    http://www.windowsforum.com/
    http://thewinforums.com/
    http://www.ie7.com/ (outrageous)

    I'm still investigating the situation, I'll contact Microsoft® and read their TM guidelines (the ® is mandatory as per this)
     
    nabil_kadimi, May 6, 2010 IP
  7. dlatua

    dlatua Well-Known Member

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    #27
    wtf lol ie7.com :eek:

    I told you, there are no TM issues with win.ms as win is a verb itself!!!
     
    dlatua, May 6, 2010 IP
  8. iain123

    iain123 Well-Known Member

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    #28
    make a site then regarding microsoft build it up work hard and once you finally get there watch as microsoft pull the rug from under you.
    gee dont you know whats happened in the past to people who have thought like you,its not the trademark with your domain name thats a problem its misrepresentation of a well established company that will bring you down any court in any land would favour microsoft on that one
    microsoft are well know to be one of the most aggressive pursuers there is
    damm you are playing a lottery
    now theres an idea make a lottery site with it you seem to like playing it
    seriously if you want to go down that road i wish you luck but i think you will need more than just luck
     
    iain123, May 6, 2010 IP
  9. dlatua

    dlatua Well-Known Member

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    #29
    my question is why to do so?
     
    dlatua, May 6, 2010 IP
  10. iain123

    iain123 Well-Known Member

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    #30
    its not worth trying to make money off the back of a cooperation like microsoft without their consent even then make sure its in a written legal format
    I am all for people bettering themselves and believe me i help a lot of people who i see fit so if you want to pursue this please be carefull and i wish you luck in your venture just make sure everythings on the level
     
    iain123, May 6, 2010 IP
  11. mjewel

    mjewel Prominent Member

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    #31
    I have over 15 years experience with trademark issues. You have been given good advice and yet you keep making yourself look foolish. Common words can certainly be trademarks - just ask Apple Corp.
     
    mjewel, May 6, 2010 IP
  12. dlatua

    dlatua Well-Known Member

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    #32
    So, why do you consider this as an alternative of developing for that domain?
    Isn't easy to create a kind of casino/poker site ? Or anything else related to "win" as a verb.
     
    dlatua, May 6, 2010 IP
  13. mjewel

    mjewel Prominent Member

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    #33
    Did you not read this part?

    "Do not use any Microsoft trademark in the title of your Web site or as a second-level domain name."
     
    mjewel, May 6, 2010 IP
  14. dlatua

    dlatua Well-Known Member

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    #34
    This is ridiculous!
    So all .ms domains are TM coz of MicroSoft?
    Oh, come on you make yourself look foolish
    Well a simple example: I have win.ms and I develop it as a online gaming site, so where the f*** is the TM issue?
    what about mobile.ms? is it a TM too coz of Microsoft mobile phones?? lol
    Also check this http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/EN-US.aspx
     
    dlatua, May 6, 2010 IP
  15. iain123

    iain123 Well-Known Member

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    #35
    actually there is plenty of cheap php raffle scripts etc you can use and give away a prize me myself i would set it up as a charity website for your fav charity with proceeds going to them but thats me ,you could set up a raffle site something like that raffle sites as well as casino or poker sites also need gambling licenses which are costly depends on what you want to do me i play by the law and i am involved in various charities
    search google for raffle scripts

    if you stay away from anything microsoft or windows related you wont have a problem with tm issues
     
    iain123, May 6, 2010 IP
  16. dlatua

    dlatua Well-Known Member

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    #36
    Exactly what I said in my first post ;)
     
    dlatua, May 6, 2010 IP
  17. iain123

    iain123 Well-Known Member

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    #37
    maybe but its the thread title that people are commenting on :)
     
    Last edited: May 6, 2010
    iain123, May 6, 2010 IP
  18. mjewel

    mjewel Prominent Member

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    #38
    Now you're just being plain stupid. The thread title "Win.MS (windows - MicroSoft)". Using WIN.MS for a site about Microsoft is trademark infringement as it is an obvious attempt to ride their goodwill. All Microsoft has to do is show a "likelihood of confusion" - but more importantly, if Microsoft "thinks" it is trademark infringement - it will cost you hundreds of thousands of dollars or more to argue it isn't in a lawsuit. If you win, you get nothing, including your attorney fees. If they win, they can get treble their attorney fees plus damages and the domain. Mike Rowe (a real person) found out how aggressive Microsoft is when he registered MikeRoweSoft.com.
     
    mjewel, May 6, 2010 IP
  19. dlatua

    dlatua Well-Known Member

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    #39
    Win.MS (windows - MicroSoft) Does not mean that guy will develop win.ms related to windows microsoft.
    He wanted to share our thoughts if could be a TM issue and the reply was given clearly, so I don't see the point to analyze each word he said....
    Please "stop" your ego this time and recheck the link I posted before.
    Thank you for understanding
    Good bye
     
    dlatua, May 6, 2010 IP
  20. iain123

    iain123 Well-Known Member

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    #40
    Last edited: May 6, 2010
    iain123, May 6, 2010 IP