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View Full Version : Registering a name involving a trademark?


fog
02-14-2010, 03:31 PM
I've been toying with starting a website that discusses a certain technology, the name of which is trademarked. It's a minor feature of a common product, and not one actively promoted. (Think something like Intel's SpeedStep, and a domain like SpeedStepUsers.com as an analogy. The actual technology is cellphone-related.)

Will I run into legal problems? It would have -users at the end, and there would be no confusion on the website, but I'm interested specifically in the domain. This is probably a n00b-ish question, but I haven't ever before run into the situation of trying to register a domain that involves a trademark.

NotanAngel
02-14-2010, 03:47 PM
I've been toying with starting a website that discusses a certain technology, the name of which is trademarked. It's a minor feature of a common product, and not one actively promoted. (Think something like Intel's SpeedStep, and a domain like SpeedStepUsers.com as an analogy. The actual technology is cellphone-related.)

Will I run into legal problems? It would have -users at the end, and there would be no confusion on the website, but I'm interested specifically in the domain. This is probably a n00b-ish question, but I haven't ever before run into the situation of trying to register a domain that involves a trademark.

i think you will run into problems.. you WILL be able to register a domain (registrars usually don't keep records of all trademarks registered and allow to register any domain) but then you are on your own. it will be easy for trademark owner to get the domain from you so don't waste your time.
you might want to read a related thread:
http://www.webhostingtalk.com/showthread.php?t=925711

SiberForum
02-15-2010, 05:37 AM
If you are registering domain name like 77tgfbwjghrvgooglejghiuyht.com you will never have trademark issue with google

erectvps
02-15-2010, 05:44 AM
Expierence says yes. I once owned something similar to Dell User Forum.com and got slapped with DCMA pretty fast

legallink
02-16-2010, 02:21 PM
Nope, I think you are all falling too quickly...if it is a legitimate use that is not confusing as to the user that the domain is not owned and operated by the trademark owner, you are not violating any laws, and are perfectly fine. Just be prepared to receive letters. A letter doesn't mean you are breaking the law.

BlisHosting
02-16-2010, 02:46 PM
You just have to careful. there are loads of non microsoft owned windows related sites. Just don't claim to be somebody your not.

Disrelation
02-16-2010, 09:32 PM
You just have to careful. there are loads of non microsoft owned windows related sites. Just don't claim to be somebody your not.

Exactly, I couldn't agree more.

GORF
02-16-2010, 11:00 PM
Don't


[ .. :) ]

igen
02-17-2010, 12:03 PM
Nope, I think you are all falling too quickly...if it is a legitimate use that is not confusing as to the user that the domain is not owned and operated by the trademark owner, you are not violating any laws, and are perfectly fine. Just be prepared to receive letters. A letter doesn't mean you are breaking the law.

So it's still depends on the trademark owner though.

mooseweb
02-17-2010, 06:56 PM
Here is a really easy way to answer this question, and from my experience and reading about hundreds others, it comes down to this, will you make money on this website?

Not just in general from ads or anything, but from something directly, indirectly, anyway shape or form related to the product?

If yes, odds are you could fight it out in court, but you'd lose.

If no, have fun with your new domain ;)

Ajith Alfred
02-20-2010, 02:06 PM
I believe copyright infringement and trademark infringement is not allowed in web hosting industry. You may face any legal problems if there is any infringement.