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Having Trademarks In The Domain

Discussion in 'Blogging' started by BufferOver, Mar 16, 2011.

  1. BufferOver

    BufferOver Regular Member

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    Do you guys use words like iphone, ipad etc to your domain names? On the legal side will there is a risk from losing the domain or even worst losing my domain name accounts with all domains in it.

    I meaning in using products words like iphone, viagra to the domain name. I don't mean in using words like Facebook, Apple etc.

    Sorry if this question is kinda silly
     
    Last edited: Mar 16, 2011
  2. achristopher

    achristopher Registered Member

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    I own a domain that has "onlive" in it, as in the onlive game service. I got a cease and desist letter from them a few months ago. They basically threatened to take the domain. I wrote a response back and never heard back. I still own the domain. So I guess it can happen.
     
  3. IamNRE

    IamNRE Jr. VIP Jr. VIP Premium Member

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    I would recommend you stay away from using brand names in your domains, unless its on subdomain or .com/brandname.
     
  4. BufferOver

    BufferOver Regular Member

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    Thanks for the replays guys. I will stick to the subdomains
     
  5. Santini

    Santini Junior Member

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    Oh dear, I have a domain with ipad in it, great domain too and I was made an offer to sell just after I picked it up at GD.

    I use and have used other brand domains. I use a couple of vacuum cleaner brands and have never had any trouble.

    I did once own a Formula1 team name domain and got the dreaded lawyers letter to hand over the domain, which I did. I think the trouble there was that I was emulating their own site, they didn't like that.

    My advice is to stay away and sleep better at night.
     
  6. johnniew

    johnniew Jr. VIP Jr. VIP Premium Member

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    This case called a Brand Abuse, it depend on how strong is the brand you are missing with, usually if you will use a brand name in your domain like "yah0o, go0gle, app1e, financial institution etc, the brand can complain and contact registrar and takeover your domain in notime, however, using "positive names" suck "iphonehelpforum", ipadcommunity, (you get the point..) etc.. you won't have any problem.

    good luck.
     
  7. ron.ray

    ron.ray Jr. VIP Jr. VIP Premium Member

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    it really depends about the company policy (the one you are abusing) about how to act against brand abuse, and i don't mean the TOS/Legal Stuff bs - i mean how they REALLY act
    I don't know much about how the tech companies like apple and ms are acting but *a friend* told me once that in the pharma niche they have companies like r0che that are acting hard about brand abuse (they have a dedicated team for this purpose) and others like N0vartis that had given up with this battle (at least online )
     
  8. ron.ray

    ron.ray Jr. VIP Jr. VIP Premium Member

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    Yeah, That's the white-hat answer ;)
    The black-hat answer is to use a registrar and hosting are known for not giving a damn about brand abusing , and to do it all anonymously :D
     
  9. jeffarnold

    jeffarnold Newbie

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    From all the brand names try to stay away because this will later create issues too. I always try not to use these brand names because later numerous issues thus come across..
     
  10. Dexograph

    Dexograph Newbie

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    All ICANN approved domain registrars must help ICANN handle trademark disputes.

    If they don't, they lose their ICANN approval and lose their business.

    So there's no such thing as a "bullet-proof domain registrar". If they company actually owns the trademark, they can have it, one way or the other.
     
  11. johnniew

    johnniew Jr. VIP Jr. VIP Premium Member

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    Again it is all about who you are abusing.. believe me if you will abuse companies like go0gle, yah0o, app1e every registrar will care... I'm talking from experience..

     
  12. BufferOver

    BufferOver Regular Member

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    I was meaning more about products brands not company names but i will skip using even that.
     
  13. zalpriest

    zalpriest Regular Member

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    Offshore hosting ftw?
     
  14. thevil

    thevil Junior Member

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    This question has been reposted about 10000x. Please use the search function.


    Considering apple is a trademarked name in the US and that if your registrar is located in the US, it would indeed violate trademark. Apple/Facebook/Microsoft, etc.. does pursue their intellectual property very aggressively.

    But even if the registrar was outside of the US, ICANN will hand over the domain name in a dispute to Trademark holder if it ever came down to it. That is, if you're under their radar (more traffic = more noticeability).

    Otherwords, yes you can register it and drive traffic, but if you do and get noticed by any of the trademark holders, they will try to defend their trademark and will most likely send you cease and desist letter to try to get the domain. In the end you will lose the domain (unless you qualify for 'fair use'). So if you want a quick buck, go ahead but if you want to not lose the domain, rethink your domain name.