Web Hosting Talk : Web Hosting Main Forums : Domain Names : Can I use my domain?

[Stargate05]

Hey all,

Ok so I may have made a pretty big mistake this afternoon... I was reading about this game in development, and as I am currently working on a few different fan sites, I thought hey I should make a fan site for this game and give updates on its progress! So I decided to go look for a domain. You know how if you do a domain search and if its not available it gives you other options. Well I typed the game name itself in, and BAM the "gamename".com is available... without thinking I'm like sweet now I dont need to find a cheesy domain name close to it... so I bought it without thinking in like 2 minutes... then I realised, OMG trademarks... Its not like I can unregister the domain name, and I'd even be up for selling the domain to the game maker for what I paid (10CAD).

But I checked it out and the game name isn't a registered trademark, nor is it copyrighted... figure that out, its a working game so it may not be the official title but its what its known as for the moment. I should note that this is a high profile and well known game...

Now my question: although this is a domain name with the exact name of the game, would I still be able to use it as it is not trademarked or copyrighted, OR would the moment they decide to trademark it I would need to take it down? They announced the game before I bought the domain as I mentioned, however if they didnt register for any of these things would they still have the rights?

I should mention that for them to make a complaint to the ICANN these criteria must be met:
Paragraph 4(a) of the ICANN UDRP Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred: (1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and (2) Respondent has no rights or legitimate interests in respect of the domain name; and (3) the domain name has been registered and is being used in bad faith.

As I plan to use it in GOOD faith for a fan site, and I do have interest, however I dont know if I have any rights to the domain (thus the question ) and my name is identical to a (not yet) registered trademark. (depending how you look at trademark law)

So would I be able to use my domain without risk of one random day getting "served" or fined for this? I just dont want to put alot of effort or money into this if I'll just have to take it down...

Thanks guys, and sorry for the long post

[Karl]

"my name is identical to a (not yet) registered trademark."

"the game name isn't a registered trademark"

I'm confused, it the game isn't a registered trademark, or copyrighted, you're fine.

[coax]

Although I have checked out several disputes on the wipo.int website, and a long time ago celinedion.com was owned by a fansite, but it was decided the domain was being used in bad faith even so. So just running a fansite, even if it isn't for profit, doesn't mean it can't be taken away.

That said, there are a few fansites that have the exact name and the developers don't care.. Examples being halflife2.net and starcraft2.net
If it is a well known game I find it strange that nobody has registered the name already. But check if the developer or publisher has a website for the game, and if they do they most likely won't care about the domain.

[mds85]

If you registered the domain before the actual trademark was registered, you shouldn't have a problem.

Good catch

[Karl]

What is the game may I ask?

[Stargate05]

Thanks for the replies guys, I'm thinking I'll give it a shot, and if I get a take down notice then oh well I'll take it down lol. The game, is actually the one announced at the microsoft e3 press conference, that we know almost nothing about lol, the gladiator one developed by crytec, codename:kingdom, and it just so happened I was registering some domains at the time while also watching the live press conference at the same time. So I'm like that game looks pretty sweet, I should make a fan site so I searched "codename kingdom" and codenamekingdom.com showed up as available... and the rest is history lol. I was crazy surprised it was still available since after it was announced there was like thousands of blogs talking about it lol.

And to Karls first post, I was just thinking in terms of ip copyright sometimes companies claim that their ip is still copyrighted even if it isn't registered as long as they have proof it was there idea before yours... I just wouldnt want to put all the work in and have them register after the fact and claim that its their right.

[Stargate05]

Awsome you know what, after I started looking into the game some more I noticed something! I feel completely off the hook now It is officially being named codename:kingdom"s" note the "s" lol. Turns out it was already registered back in may, by im assuming crytek, however, about 50% of websites are referencing it as codename:kingdom so all the traffic with less legal issues... hopefully

[madlymasterful2018]

Checkout the trademark date of that company!

[SiberForum]

Originally Posted by madlymasterful2018

Checkout the trademark date of that company!

Good idea. Try to find out what was the first: trademark or domain name.

[netearth]

I think you will find just making it plural ie adding the s, does not get you off the hook :

(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights;

And as soon as you try using ANY of the correct wording on the site, or logo, or screen shots, DMCA time, and then WIPO.NET will be all over it.

The choice is totally yours though, you could ask the company legitimately if you can run it, you never know they might say yes.

[coax]

Originally Posted by netearth

I think you will find just making it plural ie adding the s, does not get you off the hook :

(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights;

And as soon as you try using ANY of the correct wording on the site, or logo, or screen shots, DMCA time, and then WIPO.NET will be all over it.

The choice is totally yours though, you could ask the company legitimately if you can run it, you never know they might say yes.

wipo.int!

[netearth]

Originally Posted by coax

wipo.int!

bugger! its been a long day, OP its what COAX said