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  1. #1

    Trademark Infringement on my domain?

    After a bit of reading I am quite worried that a domain I want could fall under Trademark Infrigement.

    I'll use an example...
    would that be in direct violation with trademark laws?


  2. #2
    Join Date
    Mar 2004
    Copyright and Trademark laws are quite complicated, it would be very difficult for anyone to tell you whether you violate the trademark laws or not. I would strongly suggest seeking legal advice on this.

  3. #3
    since the word "ebay" is not generic in nature, your example would most likely constitute a trademark infringement

  4. #4
    Join Date
    Jul 2002
    If you are really worried, deactivate the hosting (and therefore email), and wait out its expiry.
    Co-Founder @HostHideout. Profoundly influenced by #Bauhaus, @Nameslave unrepentantly embraces #Minimalism with a bias for functionality, color theory and pixel precision: a #multimedia messenger in the McLuhan sense. His totally irrelevant M.Ed. dissertation examines Organizational Culture and Change Management. He also likes Patrik Ervell, Wong Kar-wai and IKEA.

  5. #5
    The real question is why do you want to register the domain name. The answer to
    that question can help determine your risk.

  6. #6
    IANAL. I think as long as your use of the trademark does not mislead other people to thinking it is something that it is not, and you are not using that trademark to provide services similar to the company which uses that mark, then you should be okay.
    1) cannot be an auction service
    2) cannot be a site about guitars (because people will be misled by your website name into thinking your site has something to do with ebay)

  7. #7
    Join Date
    Mar 2004
    Tulsa Oklahoma


    Just a thought, how did you come with the name can answer a lot of questions.

    There have been cases where companies other then trademark owner still holds the domain right, and one major example can be NISSAN.COM

    In addition there are other factors that plays significant role.

    P.S. My 'personal' opinion. I don't see a site at, and it would be better to let go of the domain, then getting yourself in a defensive situation which could cost you tons of money and stress.

  8. #8
    I'll give an example of one company sued by ebay for such, even though the party
    in question is using it for a legitimate business separate from ebay's:

    Judges Alfred T. Goodwin and William A. Fletcher of the U.S. Court of Appeal for the Ninth Circuit Tuesday night granted Perfume Bay Inc.'s motion to stay the lower court's injunction against the company. The stay permits Perfume Bay -- which has been involved in a two-year lawsuit with eBay -- to continue using its URL,, pending final decision by the Appellate Court.
    The reality here is ebay is a well-known trademark. And they're very protective of

    Weigh your risk.

  9. #9
    thanks for all your responses, I'd like to reply to some of the posts later.

    I just want to add that a site called ebayersthatsuck exists, they've been in contact with eBay for infringing a logo but have not been contacted about their domain as far as I know.

  10. #10
    Join Date
    Jul 2006
    with the ebayersthatsuck I would imagine they will try to have their lawyers scare you

  11. #11
    good topic. i was wondering the same thing. after reading some of the comments, it makes me thing that: if i buy lets say: I cant sell any electronics? but I can sell clothes?

  12. #12
    Join Date
    Sep 2003
    If used NOT FOR PROFIT, than its no problem, the minute you use it for profit, you will get the Transfer domain to us packet in the mail from them :-) have dealt with it a few times with AOL many years ago.

  13. #13 - as an electronics shop, sony will probably contact you. As a clothing shop, they will also probably contact you because your use of Sony is misleading. If you are just site that just shows off your brand new sony purchases, it would probably be okay until it gets popular, where your use of Sony may cause confusion. Commercial use is definatly out of the question.

    So pretty much, try not to use trademarked terms if you can help it.

  14. #14
    Quote Originally Posted by SolutionsPal
    good topic. i was wondering the same thing. after reading some of the comments, it makes me thing that: if i buy lets say: I cant sell any electronics? but I can sell clothes?
    Unfortunately it's not as simple as that. Although your line of business is different
    from the japanese electronics firm, sony is such a famous name any attempt to do
    a commercial site is likely riding on their brand.

    Look at microsoft. It consists of 2 common words, but if combined forms one of the
    most powerful and well-known brands on the planet.

    I'll put it this way, although a lawyer will better answer you: made up words tend
    to have greater chances of trademark protection, especially if they're well known
    like sony. (unless sony is actually a generic word in some language...)

    Why would you honestly get the domain name PimpMySony anyway? (although I
    understand that's just an example...)

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