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Domain Names Forum

    
MySpace wants domain names with the word myspace in it
can they do that?
StuntasticAudi




msg:693863
 8:32 pm on Jun 19, 2006 (gmt 0)

Recently I read in a blog that MySpace dot com is telling all the webmasters with the word myspace in their domain name to shut down the site and turn in the rights of that domain name to them. Can they do that?

 

hunderdown




msg:693864
 8:44 pm on Jun 19, 2006 (gmt 0)

If they have trademarked "myspace" they very likely can. If someone didn't want to go along, they would have to be prepared to go to court and spend a lot of money, and not necessarily win....

sotoweb




msg:693865
 4:59 pm on Jun 20, 2006 (gmt 0)

There is thousands of these websites containing myspace - specially these myspace coding sites...

Asia




msg:693866
 6:41 pm on Jun 20, 2006 (gmt 0)

Then I believe 1000 of websites need to turn in their names.

jtara




msg:693867
 6:51 pm on Jun 20, 2006 (gmt 0)

Then I believe 1000 of websites need to turn in their names.

I think that lots of websites WILL turn in their names, simply because they lack the resources to fight.

I'm not a lawyer, and don't pretend to have a full grasp of the trademark laws. But from observation of other similar situations, I don't think it's quite so clear-cut.

There are zillions of "widget for Windows" products that Microsoft has (apparently) never moved on. They certainly have the resources to do so, should they choose to. Whether this was a strategic decision on the part of Microsoft to get greater publicity for their name, or if they judged that they couldn't legitimately make the claim, I dunno. I can simply observe that the names are out there unchallenged.

I do think that a key concept is whether or not the name causes confusion as to source. Maybe there is an attorney here who can clarify. It's clear to me as a consumer that something that is FOR Windows is NOT Windows.

There are probably many such exemptions for these websites containing "myspace" in the name. As well as many that ARE clearly confusing. And ones that clearly have absolutely nothing to do with myspace.com.

I am sure, though, that we will hear of some company that installs closet organizers who will just give up their name...

davezan




msg:693868
 8:26 pm on Jun 20, 2006 (gmt 0)

Maybe there is an attorney here who can clarify.

WebWork's actually one. ;)

While showing you indeed have a "legitimate use" for it or never intending to infringe on their mark in any way are your defenses, it really boils down to being able to defend yourself in Court.

tictoc




msg:693869
 11:46 pm on Jun 22, 2006 (gmt 0)

Maybe this will cut back some of the shady auctions on ebay for myspace domains..

I saw this one kid trying to sell his site and he was one of those bulletion sites that spammed all of the friend's list. It was a myspace something site...

I wonder if there are other companies going after domain owners who have trademarked name domains?

davezan




msg:693870
 12:46 am on Jun 23, 2006 (gmt 0)

I wonder if there are other companies going after domain owners who have trademarked name domains?

Yup, tons of 'em if you know where to look. ;)

JayC




msg:693871
 12:52 am on Jun 23, 2006 (gmt 0)

>> I wonder if there are other companies going after domain owners who have trademarked name domains?

Are you kidding? Dozens of them.

This list hasn't been kept up to date, and it's only ICANN domains, but if you look through the list you'll find plenty of familiar trademarks, and plenty of examples of companies that have pursued a number of domain name holders.

[icann.org...]

Voxman




msg:693872
 4:33 am on Jun 24, 2006 (gmt 0)

They can also just say 'bite me' and force my space to go to ICAAN and have to prove each and every case separately to get the domain name. They can sue but if the owners are not in their jurisdiction ...tuff ... they would have to sue in each and every country and not all countries put up with frivolous law suits ...

they have too prove their 'trademark' actually covers the usage. When you apply for a trademark you have to spell out exactly what your business does.. therefore if they don't cover my space widgets they are out of luck. Bullying tactic that's all

stu2




msg:693873
 11:59 pm on Jun 25, 2006 (gmt 0)

I don't see any reason why my.....ship or my.....shuttle should turn in their names.

rakeback




msg:3005430
 11:52 am on Jul 13, 2006 (gmt 0)

I don't see any reason why my.....ship or my.....shuttle should turn in their names.

What if the ship, shuttle or train exists for the sole purpose of carrying myspace passengers?

PTNeric




msg:3008909
 3:55 am on Jul 15, 2006 (gmt 0)

>> I wonder if there are other companies going after domain owners who have trademarked name domains?

I used to work for an auction site that was sued by eBay because they had the word "Bay" in their name. It made national news, as it was one of the early dot com law suits.

Hunter




msg:3009104
 9:16 am on Jul 15, 2006 (gmt 0)

Can they do that?

Yes

vite_rts




msg:3009175
 9:55 am on Jul 15, 2006 (gmt 0)


[arb-forum.com...]

wmuser




msg:3019412
 8:24 pm on Jul 23, 2006 (gmt 0)

Myspace is doing what any other trademark holder does,sueing any domain name which contain "trademark"+something.com/any extension

I am sure they will continue the battle

webjourneyman




msg:3019435
 8:40 pm on Jul 23, 2006 (gmt 0)

If there was a websited called hotwidgets.com and I would register the term hotwidgets as my trademark, could I then demand that the owner of the website hand it over to me?

Or rather, could I do it if I was a big corporation?

FTFlash




msg:3020799
 12:02 am on Jul 25, 2006 (gmt 0)

Webjourneyman that is a good point.

But I think ICAAN would look at the date of the trademark registration and compare it to when the domain was registered and see through your clever little idea.

Nice try though.

webjourneyman




msg:3021226
 10:27 am on Jul 25, 2006 (gmt 0)

Damn ... there goes my takeover sceme for webmasterworld ;)

webjourneyman




msg:3027907
 2:02 pm on Jul 30, 2006 (gmt 0)

In light of this discussion it is interesting to check out the website www.adsense.com, registered as url in 1997 according to whois.ws.

Google registered the trademark Adsense in 2003 according to the Patents and Trademark office www.uspto.gov.

It seems to answer my own question. A corporation (even one as large as Google) can not demand a domain name that has been registerd before they register it as trademark.

gpmgroup




msg:3027936
 2:56 pm on Jul 30, 2006 (gmt 0)

adsense.com will be one to watch as the current owner has sold the name. The new owner takes over in September.

Google's trademark for Adsense was filed in 2003.

Could be interesting.

rocker




msg:3028357
 2:55 am on Jul 31, 2006 (gmt 0)

Could be interesting.

I'll second that statement.

Registering a domain name prior to someone filing for a trademark gives the domain owner rights to that domain, since it would be difficult to prove bad faith. However does tranfering that domain to a new owner negate the original registration date.

This will be one to watch.

webjourneyman




msg:3029298
 9:23 pm on Jul 31, 2006 (gmt 0)

My thoughts exactly. Having a domain transfered to a new owner must be the same as buying a new domain.

Just hope the seller held out for a good price.
Again its totally strange that google inc. didnīt just buy the url and shelled out some compensation, if only to maintain their "do no evil" image.

Then again, someone began to register Adsense as trademark in 1984 but cancelled, if google starts compensating everybody that has had the same idea as them before it might upset the shareholders.

rfontaine




msg:3029788
 8:55 am on Aug 1, 2006 (gmt 0)

You know what would really be funny - if one of those "myspace" domains was already in place when myspace.com got started, and so myspace.com has to turn THEIR domain over!

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