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Would I be sued for stealing TM,and get massively bankrupped registering this domain?

Discussion in 'Legal Issues' started by osmanrulz, Aug 24, 2008.

  1. muncle

    muncle Guest

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    #21
    You don't know much about cybersquatting, do you?

    Not only would you NOT make any bucks, you would actually lose so much you wouldn't get out of debt for the rest of your life. Attempting to sell a domain name that infringes on one's trademarks is a clear proof of ill intent and you have already lost. You sort of have chance if you can prove no ill intent, but as soon as you deploy cybersquatting, you’re screwed and that's the worst place you can get yourself into.
     
    muncle, Aug 25, 2008 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #22
    Well, why didn't you say so before? :p
     
    Dave Zan, Aug 25, 2008 IP
  3. AngelaE8654

    AngelaE8654 Active Member

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    #23
    Exactly. If you're rich enough to take them on, go for it. I, personally, wouldn't risk it.

     
    AngelaE8654, Aug 25, 2008 IP
  4. locals

    locals Well-Known Member

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    #24
    donald trump or how ever you spell it tried to get YOURE FIRED spent TONS OF MONEY

    paris hilton tried to get THATS HOT spent TONS of money

    NEITHER WALKED AWAY WITH EITHER . . . WHAT DOES THAT SAY ?
    one thing i almost did was get mercedesbenz.com WITHOUT THE hypen but godaddy informed me i could not OR SHOULD NOT do that . . . but they let me buy this other one i have to date . . .

    YOU CANT TRADEMARK A NAME SO HOW ARE THESE PEOPLE GETTING AWAY WITH STEALING OUR DOMAINS ??? IF THEY WANTED IT THEY HAVE THE MONEY 1ST COME 1ST SERVE . . . GET A LIFE IS WHAT I WOULD TELL THEM AND NOT EVEN GET A LAWYER . . .
    I own a website that i dont want to associate with this post but if you REALLY WANNA KNOW PM AND I WILL SHARE but THIS IS THE TATICS I AM PREPARED TO GO TO BATTLE WITH
     
    locals, Aug 25, 2008 IP
  5. Dave Zan

    Dave Zan Well-Known Member

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    #25
    Ignorant posts like this one doesn't help anyone. You can use a word or even
    a name as a trademark as long as it's used in commerce.

    Tide.

    Head and Shoulders.

    Ralph Lauren.

    Gianni Versace.

    Are they not trademarks?

    Yeah, it's easy to say you're prepared to go to battle with, much more giving
    others stupidly ignorant advice, when it's not your ass on the line. And you do
    not have an absolute right to use the domain name any way you see fit.

    If you don't want that sort of problem, then DON'T register a domain name of a
    trademark in the first place.
     
    Dave Zan, Aug 25, 2008 IP
  6. muncle

    muncle Guest

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    #26
    I wish people without clue would not post. Phrases like "you're fired" or "that's hot" are common speach phrases hence owners of those have something to work with. Same goes with trademarks that are registered after you have purchased certain domain. However if you were to register a domain name that contains a trademarked word such as "wii" or "ebay" or "youtube", then you're clearly registering something to benefit from the name that is recognizeable because of that company. You'd have nothing in your hands to cover up for yourself and you're very likely to lose those domains if they decide to go after them..
     
    muncle, Aug 25, 2008 IP
  7. locals

    locals Well-Known Member

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    #27
    i have a domain in it with my space but then again I DID PAY FOR IT SO IT WOULD BE MY SPACE

    YES i said NAME but i meant WORD . . . SORRY !
     
    locals, Aug 25, 2008 IP
  8. Dave Zan

    Dave Zan Well-Known Member

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    #28
    While you have the domain name, your use is limited because of a trademark.
    If you haven't been contacted just yet by the mark holder, then you'd better
    start developing it as soon as possible that's not infringing their use.

    Otherwise, you might want to drop it if you're potentially dealing with one who
    can be unreasonable but might have the law on their side.
     
    Dave Zan, Aug 26, 2008 IP
  9. gjvblack

    gjvblack Active Member

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    #29
    Don't reg it IMHO, i wouldn't spend 7$ to get sued for thousands over a TM.
     
    gjvblack, Aug 26, 2008 IP
  10. latoya

    latoya Active Member

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    #30
    You can trademark a word as long as it's not used in a business dealing with the literal meaning of the word. For example, you can't trademark Books for a business selling books, but you could trademark Books for a business selling ceiling fans. BUT that does not keep a business in a different industry from registering that same name.

    For Tide, there are 13 active trademarks for men's apparel, spot remover, laundry detergent, floor cleaner, a charitable organization, and a few more that I didn't feel like looking through.

    Similar situatino for Apple - there's a TM for a business selling gardening tools, a travel agency, an automobile dealership, eyeliner, and several more including ones owned by the Apple Computer corporation.

    There was another youtube trademark for a business that sold a bunch of random goods, but that trademark was abandoned in February 2007. Probably bought out by the YouTube we know.

    If you really want to do this website, you think you can make good money from it, you're not in direct competition from the video sharing YouTube, and you're not seeking to gain traffic from the misspelling, then file your own trademark for $275. You'll have a lot better protection if YouTube tried to sue you.
     
    latoya, Aug 26, 2008 IP
  11. osmanrulz

    osmanrulz Active Member

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    #31
    k Ive been frightened enough to be beat down by google, I rather not take the risk anymore.
     
    osmanrulz, Aug 26, 2008 IP
  12. oxidati0n

    oxidati0n Peon

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    #32
    Would it apply for International TLD's?

    and I'm 99.99% sure the trademark holder wouldn't sue unless it's becoming some sort of annoyance or threat against/to the trademark.

    For example, You owned YouTube.bz (example) - You ran a community about vehicles, YouTube wouldn't be bothered at all until you bring the world "YouTube.com" or "videos" into it. Because you're just another company doing it's "thing".
     
    oxidati0n, Aug 26, 2008 IP
  13. cheeky002

    cheeky002 Peon

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    #33
    sounds logical. u could always post " company x" has had their chance to buy this domain before it was sold to public, but choose not to buy the domain. (cheap). Then again, doing something else is probably alot better. cheers
     
    cheeky002, Aug 26, 2008 IP
  14. coolcode007

    coolcode007 Well-Known Member

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    #34
    ple are profiting from youtube domain parking...so far didnt heard of any tm cases (like ebay)
    but if you are a serious domainer better leave the TM domains as those might be problems

    anyway these domains resell potential is 0 unless it is making money from parking
     
    coolcode007, Aug 26, 2008 IP
  15. ReallyTrying

    ReallyTrying Peon

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    #35
    I think u need to be clear here - firstly - if u put a video sharing site up... be prepared for some pain.
    If you try and sell it again to youtube - be prepared for pain
    but if you promote Youtube - it could work in your favour.

    I have come across some examples where a site was pointing directly to the other site - i.e like your site pointing to youtube.com - but doing it as a service and make money from advertising space. So you aren't technically infringing copyright - you are actually passing incorrect traffic to them via your source. Tunnelling. As long as you mention TM's on your site and that people stumbled upon your site by accident then you could do it.
     
    ReallyTrying, Aug 26, 2008 IP
  16. Content Arts

    Content Arts Peon

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    #36
    It depends on the method
     
    Content Arts, Aug 26, 2008 IP
  17. SEO_PRO

    SEO_PRO Banned

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    #37
    you are right on , if you promote there site then they might let you get away with it, however, if you are gonna sell it to google or anyone else then the matters can get bit tricky
     
    SEO_PRO, Aug 26, 2008 IP
  18. osmanrulz

    osmanrulz Active Member

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    #38
    How bought I simply use it for parking, or make it into a site that has nothing to do with video sharing at all, If I were to put soemthing on the site, that said "this is in no way, affliated with youtube.com or google or whatever, would that put me on the safer side?"
     
    osmanrulz, Aug 27, 2008 IP
  19. onlyfights

    onlyfights Notable Member

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    #39
    If you had youtube videos on it, they might not care because it's .tv but if you made it a porn site, you bet you will get the cease and desist letter lol
     
    onlyfights, Aug 27, 2008 IP
  20. n-james

    n-james Well-Known Member

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    #40
    I'm not a lawyer so don't take this as gospel but, if you register it they'll probably send you a C&D letter telling you to give up your rights to the domain and send it to them - if you refuse then they'll take you to court.

    However, if you have owned the domain prior to the trademark occuring then you do not have to give them the domain and if they take you to court - you will win - and they'll probably have to pay your court costs. Also you should note for generic trademarks such as Apple - then you can own apple.net etc without it being used for the purpose in which Apple use it.
     
    n-james, Aug 27, 2008 IP