1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Trademark In Domain Name = Problem?

Discussion in 'Domain Names & Parking' started by subster, Jul 30, 2011.

  1. subster

    subster Elite Member

    Joined:
    Apr 5, 2008
    Messages:
    1,870
    Likes Received:
    1,451
    Location:
    Krauthausen
    Home Page:
    Hi there,

    I've an very aged keyword rich domain, I purchased years ago. After it is ranking very well now, i wanted to start monetizing it, but today i recognized that there is a registered trademark, which is partially my domain name.

    For example:

    The trademark is "houston real estate" and my domain name is houstonrealestatelive.com (not for real, it is an example, buddy).

    Could this cause me a lawsuit? Additional Info: The trademark is in the states, but I live far away from the U.S.

    Thanks.
     
  2. cyberzilla

    cyberzilla Elite Member Premium Member

    Joined:
    Nov 15, 2009
    Messages:
    2,204
    Likes Received:
    3,365
    Location:
    zeta reticuli
    You should check how active is the company which owns the copyright when it comes to copyright infringement. If you see any recent domain cease case, stay away from using it. Most companies won't care as long as you promote their products and not posting bad review about them. If you think you can make a killing using that domain, then get a offshore bullet proof hosting(check Extra Winner service thread here as it got many positive review from customers) and transfer the domain to Internet.bs
     
  3. softwareprogram

    softwareprogram Junior Member

    Joined:
    Jun 2, 2011
    Messages:
    154
    Likes Received:
    64
    Occupation:
    Business Owner
    Location:
    Hong Kong
    Usually there is a rumor going on and most of the guys fall for it, there is a company located in china they email small business owners and threat them that they are going to sue them as they using their own brand name instead of as many proofs you show them of your business .. they become pain in ass, so beware of those groups

    P.S the above real estate example will not hurt you .. and yes who cares?
     
  4. baliboy

    baliboy Junior Member

    Joined:
    Jun 18, 2009
    Messages:
    128
    Likes Received:
    9
    Location:
    Bali, Indonesia
    i think.. if you can.. looking for the other domain name.. don't use trademark in domain name..
    make you frustration..
     
  5. mak3r

    mak3r Senior Member

    Joined:
    Aug 4, 2011
    Messages:
    908
    Likes Received:
    383
    Home Page:
    I try to avoid using trademarks in domain names. it may cause some problems in the future.
     
  6. axus_auto

    axus_auto Power Member

    Joined:
    Jul 13, 2011
    Messages:
    513
    Likes Received:
    502
    Hi :)

    I don't believe there will be a lawsuit unless you have done something bad to tarnish their brand. Otherwise, you probably have to hand over the domain to them in the worst case.
     
  7. seg_fault

    seg_fault Newbie

    Joined:
    Aug 5, 2011
    Messages:
    15
    Likes Received:
    1
    Have you checked to see if they have global copyright on the name? Also, if the copyright isn't recognised in your country, you shouldn't have a problem. So long as godaddy isn't your registrar!
     
  8. seg_fault

    seg_fault Newbie

    Joined:
    Aug 5, 2011
    Messages:
    15
    Likes Received:
    1
    Additionally, you can only be in breach of Copyright law if you intentionally use your domain name to decieve users into thinking you are the copyright holder. 'Deceptively Similar'.

    So long as your colour scheme, logo etc are different, you should be ok! Especially if it is a generic name/trademark.
     
  9. onegoodman

    onegoodman Registered Member

    Joined:
    Jun 22, 2011
    Messages:
    60
    Likes Received:
    4
    Home Page:
    I have to agree, if you are going with the wind, they wouldn't care
     
  10. djlight

    djlight Newbie

    Joined:
    Dec 30, 2010
    Messages:
    17
    Likes Received:
    0
    I have been in domains a LONG time. Typically you dont have a problem. If you are trying to profit off of the TM then they can take the name from you. It IS possible for them to sue you....but I have never seen that for someone who was willing to let the name go.

    that being said....there are LOTS of times when brands take domains that have NOTHING to do with their trademark. Like this:

    TVCHANELL (obviously a typo of TV CHANNEL......but CHANEL owns the TM to "CHANEL"....and I have seen them take those type of names.
     
  11. aarcade

    aarcade Newbie

    Joined:
    Feb 14, 2009
    Messages:
    25
    Likes Received:
    12
    Occupation:
    School Janitor
    Location:
    Pittsburgh, PA
    All I ever got was a cease and desist letter telling me to take down the site and let it expire.
     
  12. umairsheikh2002

    umairsheikh2002 BANNED BANNED

    Joined:
    Oct 29, 2009
    Messages:
    419
    Likes Received:
    235
    Stay away from trademarks!!