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  1. #1
    Join Date
    Jun 2004

    Could this get me in trouble?

    Hi mates,
    I have been waiting years for a company to stop renewing a certain domain, their expiratoin date is coming up very fast and they still have not renewed it, which is not usual. My question to you is if I do get that domain, would it be a problem for me to use because they have registered the trademark *siteaddress*.com?
    I wouldnt use the site address on my site, but could they still get me in trouble for it?


  2. #2
    Not an attorney, but I'll share some thoughts.

    Without further details it's hard to say. But how you'll use it can
    spell a major difference between keeping it and handing it over.

    Also, if the name is rather common, having a trademark doesn't
    grant its holder absolute exclusive rights to a domain name using
    its namesake. In the US Patents and Trademarks Office, there are
    at least 12 different registrations for the word "caterpillar".

    However, none of them have absolute exclusive rights to it except
    for what class they're registered for.

    On the other hand, if it is a made-up word like kodak or xerox, it's
    a different ballgame.

    Microsoft combines 2 common words, micro and soft. Individually
    they're common, but when joined forms one of the most powerful
    and well-known brands in the world.

    Since I can't find the word microsoft in any dictionary so far, then
    I'd say it's a made-up word.

    Hoping this helps in any way.

  3. #3
    Great explanation DaveZan. This surely will help Mike.
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  4. #4
    Like Mike said, if it's a common word, then you shouldn't get into trouble, but if it's a made up word, then they could take legal action(MAYBE).

    Hope that helped

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