homepage Welcome to WebmasterWorld Guest from 54.197.15.196
register, free tools, login, search, pro membership, help, library, announcements, recent posts, open posts,
Pubcon Platinum Sponsor 2014
Home / Forums Index / WebmasterWorld / Domain Names
Forum Library, Charter, Moderators: buckworks & webwork

Domain Names Forum

    
trademark within URL
steveweber123

10+ Year Member



 
Msg#: 3660266 posted 8:33 pm on May 27, 2008 (gmt 0)

Hello,

I understand that one can't use a trademarked name within the domain name.

However I thought it was OK to have a folder named after that trademark.

In other words, is it OK to have a URL like this:

www.mysite.com/trade-marked-name

I have just been threatened with legal action for using that type of URL. My domain does not have the trademarked name. Only the folder has the name.

Thank you,

 

rocker

5+ Year Member



 
Msg#: 3660266 posted 9:04 pm on May 27, 2008 (gmt 0)

In the case of ""Patmont Motor Werks Inc. v. Gateway Marine Inc" the judge ruled that using a trademark in a file name was fair use.

If it is an infringemnet, there are going to a lot of suits based on pages like this, [en.wikipedia.org...]

Are you using their trademark logo on your page?

Laker

5+ Year Member



 
Msg#: 3660266 posted 9:10 pm on May 27, 2008 (gmt 0)

Steve,

There is no one in this Forum who can help you with this issue.

The following is from the Charter [webmasterworld.com] for the Domain Forum:

TRADEMARKS AND LEGAL ADVICE:

1. Posting domain name details is a violation of the Charter of this forum, yet, such details are what competent legal counsel would insist on knowing before offering advice.

2. There are hundreds of jurisdictions, each with their own variation of intellectual property and trademark law.

3. Statements made in public forums can and will be used against their maker.

4. Trademark holders can search domain forums for threads triggered by their communications. Declaring "I was just contacted by a lawyer about a domain . . " can signal "This thread was started by the person you just called." See #3.

5. Money judgments for cybersquatting, trademark violations and other intellectual property wrongs can bankrupt people and companies.

6. Threads that involve personal legal or trademark issues inevitably lead to the same conclusion: "We are neither qualified nor sufficiently informed to offer competent legal advice. Talk to a lawyer".

For these and other good reasons, from this point forward, the Domain Forum will no longer host threads related to any individual's or any company's domain trademark issues. The only place to seek opinions concerning specific legal matters, such as the ability of any party to assert trademark rights or defend against such a claim, is a law office [i]in the proper jurisdiction[i].

Generalized discussions about legal issues not specific to a member's circumstances, discussions about finding or using authoritative government sources (USPTO.gov, Patent.gov.uk, WIPO, etc.), or discussions concerning significant WIPO, ICANN or court decision are proper material for discussion.

If someone posts a legal issue thread, wherein they state that they have been contacted by legal counsel for "the other side" the only advice that should be given is to strongly encourage the person to stop posting details in public forums and to immediately seek a private consultation with a lawyer.


Webwork

WebmasterWorld Administrator webwork us a WebmasterWorld Top Contributor of All Time 10+ Year Member



 
Msg#: 3660266 posted 9:39 pm on May 27, 2008 (gmt 0)

Steve, as Laker has indicated, there's simply no good that comes of these threads - for the reasons explained in the Charter. Sorry, but the only real answer is to review the distinct facts of your "case" in light of the relevant law in the jurisdiction where the claim may be litigated. In other words - talk to a lawyer.

Global Options:
 top home search open messages active posts  
 

Home / Forums Index / WebmasterWorld / Domain Names
rss feed

All trademarks and copyrights held by respective owners. Member comments are owned by the poster.
Home ¦ Free Tools ¦ Terms of Service ¦ Privacy Policy ¦ Report Problem ¦ About ¦ Library ¦ Newsletter
WebmasterWorld is a Developer Shed Community owned by Jim Boykin.
© Webmaster World 1996-2014 all rights reserved