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I have "Verizon" in my domain name! Do I need to worry?

Discussion in 'Blogging' started by hardcorebiker, Feb 19, 2012.

  1. hardcorebiker

    hardcorebiker Jr. VIP Jr. VIP

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    Well, I have a micro niche blog which targets verizon phones and I have the word "Verizon" in the domain name...I am just wondering whether will that cause any trademark issue in future?

    As far as i know the policy page of Verizon says that we cant use "Verizon Wireless" ...so does that mean i cant even use the word "Verizon" ?
     
  2. JFoulds

    JFoulds Power Member

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    It all depends on the nature of your website.

    If you shoot me a PM with the URL I'll be happy to take a look and give you my opinion if there will be any future issues?

    EDIT: Just realised you can't PM, get some more posts!! :)
     
    Last edited: Feb 19, 2012
  3. hardcorebiker

    hardcorebiker Jr. VIP Jr. VIP

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    i cant send PM as i am new here...(Not completed 15 posts)
     
  4. hardcorebiker

    hardcorebiker Jr. VIP Jr. VIP

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    Still just to give you an idea..the site is all about the Verizon Phones which are going to be launched/or they are launched...Thats it
     
  5. nothingnothing

    nothingnothing Jr. VIP Jr. VIP Premium Member

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    Here is an interesting read for you:

    Code:
    http://news.cnet.com/8301-1035_3-57368498-94/verizon-to-cybersquatters-get-off-our-verizon-like-domains/
     
  6. BombDigg

    BombDigg Registered Member

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    you mentioned you want to sell verizon products. if this is true, then you have to be careful because verizon is a federally registered trademark and they are allowed, by law, to prevent anyone from purposefully or innocently confusing consumers into believing that your products are sold by, or endorsed by, verizon.

    nonetheless, depending on a few key factors with your website, you may still have a valid defense. your use of the mark (verizon) may qualify as "nominative fair use" under trademark law. this is when you use the mark in a way to reference the product and not necessarily to confuse consumers.

    take for example the recent famous case of a couple that sold and leased lexuses. toyota sued and the court sided with the couple.

    please read this article and lemme know if you have any questions:

    mirskylegal c.o.m / 2010 / 08 / fair-use-and-trademarks-domain-names

    I AM NOT A LAWYER AND THIS IS NOT LEGAL ADVICE. IT WOULD BE INAPPROPRIATE AND IRRATIONAL TO RELY SOLELY ON THE INFORMATION I WROTE ABOVE. IT IS MERELY MY TAKE ON THE LAW, WHICH MAY BE INCORRECT. YOU PROCEED AT YOUR OWN RISK AND I HIGHLY RECOMMEND YOU SEEK PROFESSIONAL LEGAL COUNSEL IN THE STATE THAT YOU RESIDE BEFORE DEVELOPING YOUR WEBSITE.

    thank you
     
    • Thanks Thanks x 2
  7. WROMERO

    WROMERO Junior Member

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    I am almost sure that you will not be able to use the domain name containing Verizon since its a registered trademark.
     
  8. BombDigg

    BombDigg Registered Member

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    WROMERO -

    almost sure? please read the case i posted. then lets talk.
     
  9. XoRaK

    XoRaK Regular Member

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    say you wanted the word horizon in your domain, but you're such a bad typist...

    I'm sure the judge will understand that.

    Greetz

    XoRaK
     
  10. popcrdom29

    popcrdom29 Jr. VIP Jr. VIP Premium Member

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    You're taking a big chance and if they find out you may be sued but they will most likely send you a cease and desist order first. Verizon is a trademarked name and you can't use it anywhere in your domain name.

    Also if they find out, Verizon will complain to your host and they'll probably shut you down. It's better to not take the chance now of building your site and getting it taken down later. Big waste of time and possibly trouble with the law.

    I did a quick search of URL's with Verizon in it as the main domain, I only found one that does not pertain to the real company. However, I found a few that have Verizon included in the subdomain. Even that's taking a chance but still not worth the trouble to me.
     
  11. suave

    suave Regular Member

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    that's interesting I own googlemapsexpert dot com
    have to rethink my marketing even though im in mexico
    Regards
    Suave
     
  12. johndefoe

    johndefoe Jr. VIP Jr. VIP Premium Member

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    I gave up these kind of domains years ago. Each time I would get decent rankings for them I got a C&D email from trademark holder's lawyers. :rolleyes:
     
  13. jcool00

    jcool00 Newbie

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    Yes, you need to remove that immediately.
     
  14. BombDigg

    BombDigg Registered Member

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    look, these suggestions above come from people who weigh the time and money of defending your domain verse the payout. there are cases where the TM holder actually loses their right to challenge the domain holder.

    again, i recommend all posters to review the link i provided above for such an example.

    so theoretically, yes you can still use the domain as long as you take certain necessary precautions to prevent yourself from infringing on Verizon's TM.

    having a registered trademark owner's mark in your domain name is not per se infringement.

    nonetheless, these cases are few and far between and you will definitely need to hire a decent lawyer when faced with a C&D from an attorney.

    if you want to search for other examples, please browse the WIPO UDRP decisions:
    wipo.int/amc/en/domains/decisionsx/index-gtld.html


    laslty, although i applaud the efforts and good faith advice given by many of the posters above, i cannot condone giving blind advice based upon hearsay they heard at a cocktail party. although i am not an attorney, i am in law school and i have studied this issue in depth.
     
  15. JMACC83

    JMACC83 Newbie

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    Verizon is an international trademark. You cannot use it period... :(