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domain names containing registered trademarks
Is it ok?
migumbo

5+ Year Member



 
Msg#: 3140437 posted 12:39 am on Oct 31, 2006 (gmt 0)

I'm thinking of starting a site which is a directory of myspace users in different areas.

There are literally throngs of people which have domains containing the words "myspace" in their domain.

Question: Is this a breach of trademark? Can I have a domain which contains the words "myspace". Is it likely that myspace could have every domain on the web shut down that includes these 2 words?

 

dauction

WebmasterWorld Senior Member 10+ Year Member



 
Msg#: 3140437 posted 12:55 am on Oct 31, 2006 (gmt 0)

migumbo ..dont use a domain that contains someone elses TM , that alone can be and usually is an infringement.

Everything from simply losing the domain in a WIPO proceeeding and or losing in Court which can cost tens of thousands and even millions .

It really isnt the headache...

Everyone speeds does not mean that everyone will pay your speeding ticket when YOU get caught .

Good Luck

Broadway

WebmasterWorld Senior Member 10+ Year Member



 
Msg#: 3140437 posted 1:42 am on Oct 31, 2006 (gmt 0)

Using www.someone'strademark[dot]com is infringement.

Using www.widgets[dot]com/someone'strademark.html is ok and is not infringement.

migumbo

5+ Year Member



 
Msg#: 3140437 posted 4:14 am on Oct 31, 2006 (gmt 0)

what about widgetstrademark.com?

Broadway

WebmasterWorld Senior Member 10+ Year Member



 
Msg#: 3140437 posted 12:52 pm on Nov 2, 2006 (gmt 0)

I think the problem is when you use the trademark at the domain level, that's considered infringement. I don't know about using trademarks in subdirectory names. It is ok to use a trademark in a filename.

Look at the SERP's. Using www.tissues[dot]com/kleenex.html would be legal and you would probably rank in the SERP's pretty well. Possibly not as well as with www.kleenex[dot]com but I'm not sure whatever you have to say on your site qualifies as more of an authority than what the kleenex company has to say.

BigDave

WebmasterWorld Senior Member bigdave us a WebmasterWorld Top Contributor of All Time 10+ Year Member



 
Msg#: 3140437 posted 5:38 pm on Nov 2, 2006 (gmt 0)

It is not automatically considered infringement, there have been court cases that go both ways. If you do include their trademark, you want to make it very clear that you are not related to them in any way.

You also do not want to be profiting off the use of their trademark if you want to be safe. Yeah, that means no ads.

In general, you are probably a lot better off thinking of an original name. Then you simply don't have this concern.

The Cheap one

5+ Year Member



 
Msg#: 3140437 posted 12:02 am on Nov 3, 2006 (gmt 0)

Like already mentioned it would be really more better to have the domain different. there are a few other myspace resource site containing the term in their domain but they did have a disclaimer quite clear. That company is big and not to be messed around with.

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