trademark of a inc
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Redfly
New Member
This is a very VERY grey area. I have lost 4 names to date because a trademarked name was an ELEMENT of a domain www.asdfasdfasdf-TMname-asdfadsf.com you get the idea.
I would STRONGLY advise against it. Trust me, it's a real kick in the teeth when someone like, ahem Yahoo and ahem Xanga, take you down because they can. After 6 months of hard work, it can send you into a depression.
Just don't expose yourself to the risk.
I am not a solicitor so don't EVER take my legal advice.
I would STRONGLY advise against it. Trust me, it's a real kick in the teeth when someone like, ahem Yahoo and ahem Xanga, take you down because they can. After 6 months of hard work, it can send you into a depression.
Just don't expose yourself to the risk.
I am not a solicitor so don't EVER take my legal advice.
daviddoran
New Member
Yeah, probably a bad idea.
While I believe registering and running a company by the same name here is fine, the net is a completely different thing and as redfly said it is likely it would be taken down if the name was the same.
While I believe registering and running a company by the same name here is fine, the net is a completely different thing and as redfly said it is likely it would be taken down if the name was the same.
Redfly
New Member
Not probably. Certainly.
What if this site was the one. The one that makes you rich? Then that company just swoop in and take it from you?
While there are laws that allow you to use domains containing trademarks if you can prove that you have not had any monetary gain, register the domain in bad faith etc. The big boys WILL get you.
Also, from the internet law library:
"
Domain Names
Having trademark rights is also important with regard to current law and domain names. Presently, the USPTO will not register a domain name that does not merit trade or service mark rights under traditional analysis. The name by itself is considered merely an address. Thus, it is very important to be sure to use your domain name as a trade or service mark in order to ensure retention of the domain name. Under current law, trademark owners may be granted ownership of their trademarks through arbitration or court if a party without trade mark or other rights is using their mark -- in other words, trade mark holders can take domain names which utilize their marks from registrants."
Just don't do it. I'm starting to buy up a lot of generic pronounceable domains for this very reason.
I am going through a trademark dispute with BMW over a domain that includes their name. The site is a forum for enthuasiasts of their cars.
This company have a history of agressively protecting their trademark.
Anyhow, after discussions, they said that I can't use bmw-board.co.uk but can use board-bmw.co.uk but while I registered it, I won't use it because its crap!
Eventually I got pissed off with their objection to everything I proposed and just removed their name from the domain so its now bavarian-board.co.uk. I'm not removing the catchphrase of "BMW Owners Forum" despite their request.
However, they have stated their desire for me to transfer the domains into their name within 3 months and will pay me the costs of transferring them. Hmmm, labour @ €100 per minute?
This company have a history of agressively protecting their trademark.
Anyhow, after discussions, they said that I can't use bmw-board.co.uk but can use board-bmw.co.uk but while I registered it, I won't use it because its crap!
Eventually I got pissed off with their objection to everything I proposed and just removed their name from the domain so its now bavarian-board.co.uk. I'm not removing the catchphrase of "BMW Owners Forum" despite their request.
However, they have stated their desire for me to transfer the domains into their name within 3 months and will pay me the costs of transferring them. Hmmm, labour @ €100 per minute?
RedCardinal
New Member
I am going through a trademark dispute with BMW over a domain that includes their name. The site is a forum for enthuasiasts of their cars.
This company have a history of agressively protecting their trademark.
Anyhow, after discussions, they said that I can't use bmw-board.co.uk but can use board-bmw.co.uk but while I registered it, I won't use it because its crap!
Eventually I got pissed off with their objection to everything I proposed and just removed their name from the domain so its now bavarian-board.co.uk. I'm not removing the catchphrase of "BMW Owners Forum" despite their request.
However, they have stated their desire for me to transfer the domains into their name within 3 months and will pay me the costs of transferring them. Hmmm, labour @ €100 per minute?
This is an interesting one. I wonder what other instances there are of BMW appearing in domains not controlled by them?
There are thousands of them.
BMWs legal office in Munich sent me a list of (UK!) trademarks numbers. While there were a lot, it appears that it wasn't the full list as when I considered using "bimmer" they said thata I couldn't as it was theirs despite it not being one on the list.
They also objected to beamer as it was "too close" to bimmer! This is when I realised it was a bit of a farce!
However, despite there being loads of domains using their name, I don't think they actively go looking for sites - they just target those reported to them which is what happened in my case when a spiteful person in the UK
felt it was his duty!
Since this affair, I have started hiding my whois details - hopefully this will stop them targetting my other domains!
BMWs legal office in Munich sent me a list of (UK!) trademarks numbers. While there were a lot, it appears that it wasn't the full list as when I considered using "bimmer" they said thata I couldn't as it was theirs despite it not being one on the list.
They also objected to beamer as it was "too close" to bimmer! This is when I realised it was a bit of a farce!
However, despite there being loads of domains using their name, I don't think they actively go looking for sites - they just target those reported to them which is what happened in my case when a spiteful person in the UK
felt it was his duty!
Since this affair, I have started hiding my whois details - hopefully this will stop them targetting my other domains!
It won't
The first phase of a domain dispute is for the registrant's details to be requested from the registry
georgiecasey
New Member
I think I heard somewhere that Google applied to be a domain registrar for the sole reason to see who registered domains in private, sneaky feckers. Is the domain romance.ie no? Obviously that name is too generic to be trademarked
daviddoran
New Member
Hmm.. logic would lead me to believe that you couldn't reasonably claim that romance.ie was a trademark.
Anyway, it's already registered.
Anyway, it's already registered.
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