Web Hosting Talk : Web Hosting Main Forums : Running a Web Hosting Business : Company Trademarks

[matt4]

This is just a question about company trademarks. When a company trademarks a name.. such as apple. Does that mean nobody else can purchase a domain name say with the name apple and begin trading in the computer services industry???

Just looking for advice.

-- Matt

[TheSimpleHost-Nathan]

Originally Posted by matt4

This is just a question about company trademarks. When a company trademarks a name.. such as apple. Does that mean nobody else can purchase a domain name say with the name apple and begin trading in the computer services industry???

Just looking for advice.

-- Matt

ICANN would favour on the side of the trademark holder. For example, if I owned XYZ and you registered it after I registered my company, I could try and claim that the domain should belong to me.

However, domain law is a bit hazey to be honest..

[ldcdc]

Does that mean nobody else can purchase a domain name say with the name apple and begin trading in the computer services industry???

Basically yes (it depends exactly what the apple trademark covers). However, you may be able to use it for a totally different industry/trade, like say heavy machinery, or maybe fruits. Why would you choose do that instead of coming up with your own unique trademark, is another question.

"apple" is in a way a special case, because it is a word, so there may be reasonable other uses for it. That's not the case for other terms though, such as say Google.

However, domain law is a bit hazey to be honest..

This is all about trademarks law. The domains and their usage simply have to comply with existing laws.

Of course, if one actually plans to choose the path of using an already registered trademark, one should get the advice of a lawyer specializing in this sort of stuff.

http://en.wikipedia.org/wiki/Trademark can be a good read.

[oliviakitty]

Originally Posted by matt4

This is just a question about company trademarks. When a company trademarks a name.. such as apple. Does that mean nobody else can purchase a domain name say with the name apple and begin trading in the computer services industry???

Just looking for advice.

-- Matt

Some "trademarks" are also known as generic names.
These are general/dictionary words or phrases.
Apple is one of them.
You can't stop someone from using a generic name.

However, if you take the name AND start business in the same industry.
Apple can argue that you're leveraging off their brand, and take legal action.

[legallink]

ldcdc has it right.

Olivia is mostly right, there are some funky bits when it comes to famous marks and famous marks that then become generic, but on the whole, a trademark protects the branding of a particular goods or services, it is not based on industry per se (because who knows what an industry really is). The whole point of trademark law is to prevent customer confusion so that people know from whom they are buying a particular good or service.