Subdomains That Are Brand Names

[nickreynolds]

Looking for a general guideline here:
It's clear that using a brand name even if its a commonly used word in the English language is going to cause you trouble in your domain name.
Is this also true for subdomains? So if "Example" is the brand name, am I likely, in principle to run into trouble if i have the domain name "widgets.com" (widgets is not a brandname) and use the subdomain example.widgets.com.
I'm pretty sure I can use the brand name in a url eg widgets.com/example.html - is this right?

[IanTurner]

Trademark infringement issues are complex. widgets.com/example.html could get you into trouble just as easily as owning example.com

The problem comes as to a decision about whether you are either 'passing off' or whether you are using the trademark for your own gain without the trademark owners permission.

[Webwork]

Nick, the following is from the Charter [webmasterworld.com] of the Domain Name Forum. Though you aren't asking a "domain trademark question" you are venturing into trademark law and, for the reasons stated below, I'm now going to lock the thread.

The best approach, when it comes to matters of legal consequence, is to invest a few dollars/pounds/Euros to secure well informed and competent legal advice. Better the insurance of professional advice than the regrets and ruin.:

TRADEMARKS AND 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.

[edited by: Webwork at 5:11 pm (utc) on July 28, 2008]