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Trademarks and Mispellings - Domain Names

Discussion in 'Domain Names & Parking' started by twilightofidols, Dec 26, 2011.

  1. twilightofidols

    twilightofidols Power Member

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    I'd like someone wiser than I to clarify the legal aspects of this particular ---

    let's say you'd like to register a domain with a mispelled trademark

    i.e. instead of Microsoft.com you'd get Mircosoft.com

    Understand?

    Are misspelled variations of trademarks covered under the law or would you be immune from prosecution with Mircosoft.com
     
  2. Subsonic

    Subsonic Regular Member

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  3. twilightofidols

    twilightofidols Power Member

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  4. twilightofidols

    twilightofidols Power Member

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    Google is my friend. I found some information that might be useful to anyone else given that they have the same question as I. Many apologies if this is covered elsewhere. Here is some copy and paste from the WIKI.

    "Bally Total Fitness v. Faber, 29 F. Supp. 2d 1161 (C.D. Cal. 1998). Faber created a Web site that criticized Bally. Since Faber did not use the Bally trademark in the domain name and printed the works "sucks" prominently over the trademark, the court found no likelihood of confusion. The court noted in dicta that "ballysucks.com" or a similar domain might also be permitted.

    Victoria's Secret Stores v. Artco Equip. Co., 194 F. Supp. 2d 704 (S.D. Ohio 2002). Artco had registered a domain name knowing that it was similar to VSS's trademark. The court upheld a magistrate's determination that Artco was in violation of the ACPA because it had registered the domain name in bad faith. As such, Artco was not protected by the ACPA's safe harbor rules.


    Interstellar Starship Servs. Inc. v. Epix Inc., 304 F.3d 936 (9th Cir. 2002). The court upheld a lower court ruling that a domain name that is confusingly similar to another company's registered trademark does not infringe the company's mark when the companies' products and services are not in the same market, they are marketed through different channels, and there is no evidence to show that the registrant acted in bad faith.

    That last one is especially applicable. In essence, it's not infringement to register a domain "confusingly similar" to a trademarked name as long as you are not selling the same product or services as the trademarked name is.
     
  5. Mountaineer

    Mountaineer Senior Member

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    I have owned different typo domains in the past for parking revenue. Till date, never had any problem. However, different companies have different stance on suing typo squatters or not.
     
  6. Subsonic

    Subsonic Regular Member

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    I've noticed the same.. I have numerous domains infringing trademarks but I don't use them for making money (most of them are sitting parked) and haven't had any problems. For example Facebook likes to sue people for typosquatting so I would stay far away from them!