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trademarks and domainnames

Discussion in 'Domain Names & Parking' started by Chojin, Feb 9, 2011.

  1. Chojin

    Chojin Junior Member

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    Got got a complain from Lego over one of my domains which had the word lego included as one of the words in the domainname. The site is a review site promoting some various lego toys and is actually ment to boost legos sales, so can they maintain their claim that I should remove the domain or would they have a pretty weak case in court?
    I see tons of other lego sites with the word lego in the name and many of those have been around for ages.
     
  2. schrute

    schrute Regular Member

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    I am not an attorney and this is not legal advice nor should it substitute as legal advice always consult an attorney on matters such as this.

    Anytime you use a trademark in a domain name, its going to be a trademark problem. The only time(s) it is not an issue is under Fair Use and parody. In this particular case, I would say that parody would be the only defense in a domain dispute. Since your website is not a parody, it is unlikely you would prevail in court. Also, keep in mind, court is very expensive. It would cost you (the cheapest) $40,000 to defend the case.

    Lego(tm) can go after whoever they want. They don't have to go after the others and can go after you. Copyright/Patent/Trademark is the ultimate in "what's mine is mine".
     
  3. bryanon

    bryanon Executive VIP Premium Member

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    They are unlikely to sue you but what they can (and most likely will) do is file a complaint with ICANN.

    The bad news is that the domain will be taken away from you. You've used a registered trademark, you did it in bad faith (to make money off lego's TM) and you got direct benefit by doing so - these are the (only) three aspects that NAF considers when deciding whether a complaint is justified or not.

    The good news is that it won't cost you anything as you won't need a defender (you can hire one if you please but it's largely pointless) and RAF only charges the company filing the dispute, not the person against whom it's filed - regardless of the outcome.

    More info at http://domains.adrforum.com/.
     
  4. Chojin

    Chojin Junior Member

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    Thanks for the replies.

    Schrute: is a review domain with links to a another domain selling actually lego stuff from an official lego reseller so Lego arnt loosing money on my domain but earning money each time I make a sale from the main money site and it's also helps advertise their products in a positive way.

    Bryanon: So far they filled a complain to my hosting company which suspended the account. I then filled a counter complain claiming there wasn't anyting wrong with my domain.

    I actually didn't believe they could claim trademark over a domain which only included their brand name and is nowhere close to their actually domain name. Made more sense if it was close enough for others to maybe confuse it with lego.