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Domain Names Forum

    
Legality of Using "Inc." in Domain Name
robzilla




msg:4048652
 10:08 pm on Dec 23, 2009 (gmt 0)

There's the movie Monsters, Inc., the book Search Engine Marketing, Inc., the video game Casino, Inc., and I'm sure there are plenty more examples of the use of "Inc." in titles of such products that are, of course, itself not corporations.

If such creative use of the abbreviation is allowed, would it then also be acceptable to use it in the domain (and name) of a site, e.g. Widgets Inc. at widgetsinc.com, where Widgets Inc. is not a corporation, but rather a trademark?

 

Webwork




msg:4048710
 11:47 pm on Dec 23, 2009 (gmt 0)

I see no way for us to answer your question in a way that would be worthy of trust and/or reliance.

For those who are new to this forum the following is from the Domain Forum's Charter:

TRADEMARK ISSUES AND OTHER 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 [webmasterworld.com], 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 in the proper jurisdiction.

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.


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