Forum Moderators: not2easy
However, I've found plenty of big sites holding trademarks on them. Most of them owned by big publishing companies. The domains goes like "theirbrand-world", "theirbrand-journal", "theirbrand-magazine" and so on, you get the idea.
Are these companies getting permission of the trademark holders for doing this? Somehow I'd guess that asking for permission to Microsoft or anything that large, would receive either no response or a quick no.
Have you ever tried to get a permission to run a website with a trademark on it? Could you share your experiences? If you don't want to make it public, you may message me privately as well.
Do you mean that you are using someone else's trademark as part of a domain name, or are you using it on your site.
Are you using it to refer to the product produced with that trade name? Are you presenting that product as being your own?
Are you using that term in a way that is totally unrelated to the market where that term is used.
The "Linux" trademark applies to software. There is also a laundry detergent in Germany callled "Linux". Neither infringes on the other's trademark.
(Change "brandname" for the most powerfull, older and bigger company producing a database)
It also depends on whether your use of that trademark is likely to cause any confusion in the marketplace. Add to that the consideration of the strength of their mark.
But since you have permission, it is more important to ask whether you got it in writing?
Were there additional terms attached if it was in writing? That would include anything that you proposed when requesting permission to use their mark.
If it was in writing, did you have your lawyer go over it? If you did have your lawyer go over it, why are you asking about this here instead of asking your lawyer?
If it wasn't in writing, get it in writing, and get it to your lawyer for review.
Thanks much for your comments.
Please note that this has not happen yet!
I've not asked for that permission, so I was wondering whether someone here had any luck to get a permission for use a company's product name on a domain and how was it.
And I was also wondering since it seems there are too many sites overthere with this specific brand on it, and if those sites got a permission or just went to run their site on the risk of being sued by that.
It depends on how you are using it, how unique their mark is, and the odds that it could cause confusion.
The thing to do is either ask a good IP lawyer for his opinion, get permission in writing, or just risk it.
We can talk generalities all day, but you seem to be looking for an answer to a specific situation where you are contemplating putting yourself into a position to be sued.
If you don't want to go straight to a lawyer, you should read one of the texts out there on tradmark. There is a very good, simple explanation of how trademark works over at bitlaw. It will not directly answer your question either, but it will help give you a better understanding, and an idea of where to look from there.
But no matter what, before you put your own wallet on the line, get advice from a lawyer.
I have a registered trademark and the .com domain. I dont own the .net which is being used or .org owned by a professional domain squatter.
The .net owner now has the option of paying me a nominal fee for a license to use it for the specific purpose it is currently being used for, as it wont hurt me, or they can fight me in court. Its likely they'll take the licensing deal. We both save legal fees and it actually strengthens my trademark in THIS particular instance.
But thanks a lot, finally I got the response I wanted, I mean, someone who is have licensed the use of their trademark. So, this is possible.
