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Trademarks embedded in domain names

What rights do trademark holders have

         

fritz1

5:34 pm on May 18, 2004 (gmt 0)

10+ Year Member



I'm looking at a somewhat generic trademarked two-word phrase which has several trademarks registered for it related to different products. If I register domain names which contain the trademark, what rights do trademark holders have to challenge my ownership of the domain names? My domain names are clearly related to a different product / business than any of the existing trademarks.

Webwork

5:43 pm on May 18, 2004 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



Expect several cease and desist letters then it's up to you to decide. Could get sued. You never know. Frankly, with famous marks, it's not the best idea upon which to build a business.

fritz1

5:56 pm on May 18, 2004 (gmt 0)

10+ Year Member



The trademark is not famous, however, it is used for a product which is well known within it's business community. But I want to use the phrase to refer to a different business / product which is currently recognizable to most readers. My domain names as written are clearly for another purpose than any of the current trademarks. I'm sure the names would not be "confusingly similar" to any trademarks, but the domain names have the mark embedded in them.

Would the trademark holders have any right to prevent my usage of such domain names?

Webwork

7:37 pm on May 18, 2004 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



Giving specific legal advice is against the WW TOS and against a variety of other rules. Consult with a lawyer in your own jurisdiction if you want a meaningful opinion.

fritz1

8:01 pm on May 18, 2004 (gmt 0)

10+ Year Member



As far as I've seen, the topic of this discussion is similar to other threads on this forum. I'm not asking for legal advice, just the usual opinions about what domain names are allowed.

Thanks for your replys.

Rosalind

11:41 am on May 25, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member




I'm looking at a somewhat generic trademarked two-word phrase which has several trademarks registered for it related to different products. If I register domain names which contain the trademark, what rights do trademark holders have to challenge my ownership of the domain names? My domain names are clearly related to a different product / business than any of the existing trademarks.

It may not matter what rights they have or how likely they are to win, if you don't have the budget for a legal battle. Also, why start off with words that are associated in people's minds with other people's products? It would be an uphill struggle to get your brand recognised. There are thousands of other words to choose from, and if that fails, make some up.