homepage Welcome to WebmasterWorld Guest from 54.204.127.59
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

    
Domain at risk?
Does my domain constitute a trademark infringement?
Gremlin098




msg:687628
 12:58 am on Apr 4, 2006 (gmt 0)

I have owned the .ORG version of a major corporation's .COM name since 1999. We're talking lots of attorneys here.

Sedo.com using just the domain name as the keyword.

In my defense, the domain is a dictionary word and I have never intentionally used it for anything that would violate trademark. I've already un-parked it just to be safe (because the parking page results were related to the corp's business).

I'm wondering if I should just let the name drop. I'd hate to pay the registration for years longer just to have it yanked down the road. Any thoughts?

[edited by: Webwork at 1:16 am (utc) on April 4, 2006]
[edit reason] Charter [webmasterworld.com] [/edit]

 

fischermx




msg:687629
 1:01 am on Apr 4, 2006 (gmt 0)

Most likely you're safe.
If the domain earns more than the $8.00 registration fee, just keep renewing it yearly. Otherwise let it drop.

zomega42




msg:687630
 1:06 am on Apr 4, 2006 (gmt 0)

Dictionary words cannot be trademarked in the US, so you are not infringing trademark. However, ICANN can take away a domain even if it's not infringing trademark, they use their own set of rules (it's not just based on trademarks).

cerebrum




msg:687631
 4:03 am on Apr 4, 2006 (gmt 0)

Put up a website immediately related to your dictionary word. Write some relevant content. One page is enough. No one can take away your domain.

DonMateo




msg:687632
 8:35 am on Apr 4, 2006 (gmt 0)

Dictionary words cannot be trademarked in the US

What about apple? What about sun?
I thought that dictionary words could be trademarked, but only for specific trademark categories. But I could be wrong.

zomega42




msg:687633
 4:36 pm on Apr 4, 2006 (gmt 0)

Yes, you're right. What I meant to say is that dictionary words cannot be trademarked if they are used the same way the dictionary uses them. So if you are a computer company named Apple, you can get a trademark. But if you are an apple farm company named Apple, or a computer hardware store named "computer hardware" then you can't get a trademark.

davezan




msg:687634
 8:11 pm on Apr 4, 2006 (gmt 0)

It's always a big mistake to let go of a dictionary word domain. Why waste it? :)

Just make sure how you use the domain name isn't similar or related in any way to what the trademark holder is "known" for. You can actually still park it with ads, but how to make sure it doesn't display competing ads is another matter.

snsh




msg:687635
 1:48 am on Apr 5, 2006 (gmt 0)

Focus on showing 'good faith' that you don't have intent to infringe or confuse. Don't approach the .COM owner or competitor if you choose to sell the domain. Such actions are viewed as a sign of bad faith.

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