Hello and let me just say I appreciate all the help on this forum. I am planning to sell fda approved drugs from a web site and already have purchased couple of domain names. For privacy reasons, lets say name of the website is placebostore.com where placebo is an fda approved drug made by pfizer. My question, is if I am buying 1000 bottles of this srug and selling it thur my website and this drugs name is part of my domain name, am I breaking any copyright or trademark laws? Do I need permission from Pfizer or can i publish some kind of disclaimer or messane on website which makes this kind of setup legal. Please advise. I just want to gather as much info as possible before I talk to a TM lawyer. Thanks.
Msg#: 1867 posted 10:33 pm on Jan 31, 2006 (gmt 0)
I would talk to a lawyer, and look at Pfizer's policies.
For instance, to use a well-known company many people are familiar with, and that guards its IP - Apple Computers - they will allow you to include the word "Mac" in the domain name, if it's about their products, and as long as you don't represent yourself as being associated/endorsed with them.
However, they will not allow you to use the word "Apple" in a domain name if it's about their products (some sites get away with this, although it's clear from a glance that they are not associated or endorsed by Apple, but Apple is clear that you are not supposed to).
I'm not saying Pfizer has something similar, but it wouldn't surprise me if they have this information available.
Check rulings at ArbForum.com and WIPO.int to verify.
Some day, some one, will be subjected to more than just a letter or an arbitration. Someday BigCorp will sue someone for the specific purpose of bankrupting the domain holder and making an example of him/her.
Keep that in mind as you plan your strategy.
Always better to ask the directly concerned party rather than asking some unrelated webmasters.