TM Issues on domain name

Name of well known search engine

[web_india]

I saw a recent post discussing issues related to a site against a well known search engine. The site has the domain searchengine-xyz.org

I wasn't aware till date that you can register such domains. Are there any trademark issues involved or anyone is free to register such domains as long as the site's content doesn't violate any trademark issues ?

Anyone can shed more light on the topic ?

[Air]

You are free to register them if they are available.

The risk you run is that at any time you could be hit with a Cease & Desist order. If you have built anything worthwhile, it would be a shame to lose it. Unfortunately in those cases it doesn't even matter if you ultimately were to win a judgement, getting there might be more than you can bear financially.

Anyway, Google for example, has showwn that they are very aggressive in these types of cases. IMO it's not a good idea, you're courting trouble in the long run.

[web_india]

I agree with you, Air but I've found that several sites with such domain names have been online for more than 2-3 years and that sounds to be a too long a time. Yes, the end result is clear but do you feel that someone should think of the short-term benefits here or are you absolutely against it ?

[Air]

I'm not against it at all, for short term success it is worth a try, just treat it like a throw away domain.

such domain names have been online for more than 2-3 years and that sounds to be a too long a time.

Probably because they have stayed below the radar, if they become popular or people perceive some deception then look out. I think most of the sites that survive in this category aren't making enough impact or infringe on the namesake to cause themselves trouble.

For example, if you had a domain named google-eyes.com and it was about love and romance, you might be ok for a long time. If you had the same domain name and started a search engine you'd probably be nailed pretty quick IMO.

[web_india]

What do you think of these domains with abcsucks.com etc ?

Also I guess domain with non-commercial content and promoting abc-is-good.com etc have more chances to carry on for a longer period of time vis-a-vis domains with hate content

[Air]

Yes, exactly. Look at all the domains that have trademarked car names in them, especially the ones that offer performance parts and improvements for the import tuning craze, they are left alone. It also depends on how strict an organization is about it's trademarks and copyright - four letters -RIAA- as an example.

In each case too I think an organization must way the public perception of going after a this-product-hurls.com kind of domain, it can hurt a company to be too aggressive in stifling critics. Sometimes it can be beneficial to leave them be, other times they must be squashed immediately.

These are all factors that have to be considered if you are going to play in the trademrked name space, and mostly you have to make some determination if you are going to be playing with a tiger or a mouse, it usually affects life span.