observetodo
Newbie
- Jul 25, 2008
- 32
- 9
any domain name that infringes on the copyright holder can get you into serious trouble.
Will i get sued for this domain?
- Thread starter zacatictac
- Start date
bertbaby
Elite Member
- Apr 15, 2009
- 2,025
- 1,535
A url with a trademark name will not necessarily get you into serious trouble, first they have to spot you and then serve you with a C&D letter. Nobody will sue as their first legal action. I do this legal crap everyday and I had a friend with a web site bearing a popular game name who has been sitting on this for years with no legal consequences. He is also a lawyer.
Now every so often the legal firms for corporations will have to exercise protection of their trademark to protect their brand and then they get cranky becuase they can lose that trademark. For example, one large company actually had the trademark "Super Glue" but they failed to enforce their trademark. Now everybody uses it! Also you can do a search in TESS to see how the trademark is actually registered and than can give you legal wiggle room as well. In any case the C&D letter will allow you to relinquish the site without serious legal ramifications.
Now every so often the legal firms for corporations will have to exercise protection of their trademark to protect their brand and then they get cranky becuase they can lose that trademark. For example, one large company actually had the trademark "Super Glue" but they failed to enforce their trademark. Now everybody uses it! Also you can do a search in TESS to see how the trademark is actually registered and than can give you legal wiggle room as well. In any case the C&D letter will allow you to relinquish the site without serious legal ramifications.
kinghenry1
Newbie
- Aug 31, 2009
- 41
- 2
While not making any money from it. That's not cool.
craigjarvis
Registered Member
- Nov 19, 2009
- 80
- 12
I think it depends on the company whern it comes to this kind of stuff. I had a domain with "facebook" in it, and 2 weeks later got my C+D. I have another site with Iphone in it, and havent heard a thing.
businessbira
Power Member
- Sep 26, 2008
- 509
- 305
Even if you host it offshore, even if you aren't harming their own brand, if they feel they somehow want it they will take it from you. Xbox is a TM of theirs so, it's theirs in no time if they want to.
They may send you a Cease and Desist letter and ask you politely not to host anything on it and let the domain expire. Or they may ask you to give it to them and they will explain you how.
But unless you piss them off badly, in 99.9% of the cases you won't be sued. They will just take the domain.
Take everything you read here with a grain of salt, btw.
My suggestion: sell the domain to somebody or avoid using it. You may end spending a lot of time/money to build a nice site for it cause you can lose the domain anytime.
And don't fuck with big dogs, unless you know what you are doing and you have nothing to lose.
They may send you a Cease and Desist letter and ask you politely not to host anything on it and let the domain expire. Or they may ask you to give it to them and they will explain you how.
But unless you piss them off badly, in 99.9% of the cases you won't be sued. They will just take the domain.
Take everything you read here with a grain of salt, btw.
My suggestion: sell the domain to somebody or avoid using it. You may end spending a lot of time/money to build a nice site for it cause you can lose the domain anytime.
And don't fuck with big dogs, unless you know what you are doing and you have nothing to lose.
ghassan1988
Regular Member
- Jan 12, 2010
- 327
- 168
start making money from it as long as you can or sell it.
Just a quick FYi -
I have been down this road before, and I have first hand experience. A company does NOT have to send you a C&D letter. In my case, they simply filed a WIPO complaint (without telling me) and the next thing I know my registrar locked my domain up tighter than a drum. The whole process took over 3 months, and ultimately I ended up transferring the domain to their account.
Also, simply adding a word to their company name, ir NOT enough to keep them from suing you. The domain name had a related keyword appended to the company name, yet they still had grounds.
This has only happened to me once, but I have gotten several C&D letters over the years, Ebay and MS are sticklers for this
My advice - stay away from trademarked names
I have been down this road before, and I have first hand experience. A company does NOT have to send you a C&D letter. In my case, they simply filed a WIPO complaint (without telling me) and the next thing I know my registrar locked my domain up tighter than a drum. The whole process took over 3 months, and ultimately I ended up transferring the domain to their account.
Also, simply adding a word to their company name, ir NOT enough to keep them from suing you. The domain name had a related keyword appended to the company name, yet they still had grounds.
This has only happened to me once, but I have gotten several C&D letters over the years, Ebay and MS are sticklers for this
My advice - stay away from trademarked names
eBusiness Sellers
BANNED
- Jun 2, 2009
- 55
- 24
Don't listen to some the haters here, keep and if they bother you, just sell them the domain...
- Jun 10, 2010
- 2,405
- 1,677
I was looking at kinetic domains this morning. it appears a lot of Kinect domains were bought up around June 14th. kinect, mskinect, microsoftkinect, xboxkinect, kinectgames, etc... and they aren't even owned by MS.
I'd say milk this thing for all it's worth.
I'd say milk this thing for all it's worth.
meathead1234
Elite Member
- Sep 24, 2008
- 3,724
- 14,585
Technically they can get you with this domain.
I've spoken to a few people with x-box related domains and they've had no issues at all (think forum fan sites) - so you might be okay.
My advice would be give it a go and worst case scenario you can always redirect it to a new non-infringing domain.
I've spoken to a few people with x-box related domains and they've had no issues at all (think forum fan sites) - so you might be okay.
My advice would be give it a go and worst case scenario you can always redirect it to a new non-infringing domain.