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  1. #1
    Join Date
    Nov 2002
    Posts
    133

    Is it Trademark infringement to register unofficial_____.com ?

    Hi guys,

    Just wanting general consensus...

    Would it be trademark infringement to register www.unofficial______(anything).com?

    For example: Let's say I was creating a website on Pokemon and I registered www.unofficialpokemon.com

  2. #2
    Have seen other similar registrations although they used other than the word "unofficial", but have never heard of them being sued.

    I think essentially you would not be in trouble with the proprietary owner if it's clear that you're not trying to pass yourself off as them or their business representative.

    If you want to be on the safe side, you could write to the proprietary owner and get some sort of clearance.
    "Glory to God in the highest, and on earth peace, good will toward men."

  3. #3
    Join Date
    May 2003
    Location
    London
    Posts
    522
    In terms of trademark infringement it is best to contact a lawyer and make sure services provided by you on the domain doesn't conflict with the official domain as the whole case also depends on the services provided by the official domain.

    Would it be trademark infringement to register www.unofficial______(anything).com?
    I still think it will not be a trademark infringement for registering your mentioned domain. An example is followed by http://www.googlecommunity.com which is not an official Google domain and has a disclaimer at the bottom right.
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  4. #4
    The best "general consensus" answer to your question is it's case
    to case basis. But at the very least, how you'll use the domain can
    make a difference.

    mdadnan said it best: contact an attorney. This is a domain forum,
    not a legal forum.

    There oughta be a sticky that whatever's dispensed here doesn't
    constitute legal advice.

  5. #5
    Join Date
    Sep 2004
    Location
    Chennai , India
    Posts
    4,608
    Ya you would be real trouble if u try to register an trademark domain.

    http://www.microsoft.com

    http://www.microwsoft.com are different, but if register u will get in trouble,

    They see how it spells.

  6. #6
    Join Date
    Aug 2004
    Location
    Australia
    Posts
    895
    What happens if someone registers a trademark after the domain already exists?

    For example if i have thealmightychimp.com as one of my domains what happens if someone registers thealmightychimp as a trademark?
    I could tell you a joke about UDP. But I'm not sure you would get it!

  7. #7
    Join Date
    Feb 2002
    Location
    The OC
    Posts
    2,094
    Originally posted by Dan541
    What happens if someone registers a trademark after the domain already exists?

    For example if i have thealmightychimp.com as one of my domains what happens if someone registers thealmightychimp as a trademark?
    You can fight their claim to the trademark. Generally, the winner is whoever can prove that they first used the trademark in commerce. But you have to dispute it in a timely manner. If you don't dispute their claim to the trademark, then it is assumed that they are the rightful owners of the phrase or wordmark.

    There are also laws related to regional use of a trademark. Trademark law can get very messy... that what keeps the lawyers employed.
    You may delay, but time will not. --- Benjamin Franklin

  8. #8
    Join Date
    Apr 2003
    Location
    Lithuania
    Posts
    43
    There was a discussion I guess at GoDaddys radio about such things like godaddysucks.com or similar domains. Check their site if interested

  9. #9
    Join Date
    Jul 2002
    Location
    Kuwait
    Posts
    10,573
    if it doesn't fight the official trademark i doubt trademark owners will raise an UDRP against someone who are promoting them more

    but it is always better to seek a lawyer advice.
    Bashar Al-Abdulhadi - KuwaitNET Internet Services Serving customers since 1997
    Kuwait's First Webhosting and Domain Registration provider - an ICANN Accredited Registrar

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  10. #10
    Join Date
    Nov 2002
    Posts
    133
    Thanks for the replies everyone It's cleared a few thigns up for me and yes, I'll go see what else I can dig up.

  11. #11
    Join Date
    Sep 2003
    Posts
    1,915
    Truly this depends on the company. AOL will go broke going after people for boardline infringments.

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