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Domain Names Forum

    
Can you legally register somedomainnamesucks.com
even if it's a trademark?
Clark




msg:3764493
 12:43 pm on Oct 13, 2008 (gmt 0)

I have a few domains that are about another company's products. Products that I care about and want to develop discussion around. And in a friendly way. But before I start to write articles, put up a forum, etc, I want to know if I legally have the right to maintain a domain about a product if the product name is part of the domain.

I noticed that there are all kinds of companynamesucks .com, so I assume there is some security. But if I spend the effort to make discusssomeproduct .com a success and that company decides they like the PR value, the traffic etc, can they sue me for the domain name? I don't want to waste my time.

Thanks.

 

Webwork




msg:3764506
 12:57 pm on Oct 13, 2008 (gmt 0)

Clark, I would suggest you read a number of WIPO and National Arbitration Forum decisions, as well as domain forum Charter [webmasterworld.com].

As to the former, by reading arbitrator decisions, and some case law, you will find that opinions vary - based upon the exact facts of each case.

As to the latter, the Charter details why we largely avoid "Can I get sued?" or "Is this legal threads?". A lawyer of any competence, before giving a legal opinion, would insist on knowing the kind of website details that WebmasterWorld doesn't allow members to post in the forums. So, when we host such threads webmasters, not lawyers, offer opinions outside their competency and the opinions that you get are not fully informed opinions, since you can't post all the facts, reducing the value of such threads to incompetent assistance of unqualified counsel - so to speak. :P Not very fruitful, really.

Here's my generally useless "direct response": The more a "sucks website" does to make coin the more likely it will "have trouble" (legal term of art, means something like "get sued").

Even if the site doesn't make a penny it can still come under scrutiny for libel and all maner of other claims based upon the site's content.

So, yes, you can get sued, but if you read the case law you will also see there are cases where attempts by corporations to shut down such sites have failed.

[edited by: Webwork at 1:05 pm (utc) on Oct. 13, 2008]

Clark




msg:3764525
 1:31 pm on Oct 13, 2008 (gmt 0)

Thanks :)

Webwork




msg:3764563
 2:46 pm on Oct 13, 2008 (gmt 0)

You're quite welcome. Hope I helped . . at least a little

Clark




msg:3764709
 5:26 pm on Oct 13, 2008 (gmt 0)

Indeed you did :)

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