Pryach
10-19-2005, 04:31 PM
Does anyone know where I can find laws concerning domain names with copyrighted names in them?
Let's say I were somehow able to register the domain name Honda.com. Could I use it/sell it/auction it? Or would that be some kind of copyright violation?
Just looking for clarification, as I was able to aquire a domain with a copyrighted name in it, I was planning on selling it but a friend advised me that if I did so, I could be sued for copyright infringement.
Dave Zan
10-19-2005, 05:44 PM
The articles in the link below are as relevant today as when they
were first written:
http://gigalaw.com/articles/domainnames.html
And it's trademark, not copyright. ;)
serversphere
10-20-2005, 01:10 PM
Copyright would be if you took the webpage content from Honda.com and put it on your own.
Trademark infringement would be taking their trade name (Honda) and using it to for your own business.
dmaven
10-20-2005, 01:19 PM
exactly which is why I raised the question. I think trademark is what he was referring to
serversphere
10-20-2005, 01:30 PM
Sorry, thought you were looking for clarification since davezan had already pointed that out.
Bashar
10-21-2005, 01:56 AM
funny some cases like nissan.com couldn't use it eventhough it was his own name/company name decade ago
Stan Marsh
10-21-2005, 05:06 AM
Originally posted by Bashar
funny some cases like nissan.com couldn't use it eventhough it was his own name/company name decade ago
Well, the only similar story I knew is milka.fr, but it ended quite differently... :(
redihot.com
10-21-2005, 08:26 AM
if you would be owning the domain then you would not be infringing a trademark as it is just a name, i wouldn't take my word for it though that would be logical
serversphere
10-21-2005, 09:24 AM
If only things were so simple, fireback! Unfortunately we're talking about the law here and no matter where you live the law is rarely logical. ;)
Simply owning a domain name does not mean you own the name. Likewise, simply using a name does not mean you have exclusive rights to it either. Here in the states, it all comes down to registered trademark. The easiest way is to do a trademark search on the word or phrase and see if it's trademarked. Plus check what it's trademarked for as well. Any listings where it's trademarked and the use falls within the same thing you would use it for then you should really stay away.
Stan Marsh
10-21-2005, 09:33 AM
There was a thread here (started by me, BTW) where I asked:
Imagine I'm Jonh Doe. Some time ago I registered john.com, but after a while John, Inc. lawyers approched me and asked to give the domain to them as 'John' is their trademark. What chances do I have?
The answer was to consult the lawyer, with some URLs.
Nissan.com example given by Bashar sums this pretty well. You can read Nissan Motors vs. Nissan Computers story here: http://nissan.com/Digest/The_Story.php - pretty nice reading...
serversphere
10-21-2005, 10:00 AM
I hear ya, localpub, but the scenario of the OP is different. He acquired a domain name with a copyrighted (read well known) name and was looking to sell it. Not quite the same as fighting to keep the name you've used for years AND is your last name. But I see what you mean.