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Domain & Registered Trademarks

Copyright infringement.

         

futureX

11:25 pm on May 10, 2004 (gmt 0)

10+ Year Member



OK, i couldnt find the answer to this by searching, but i just need a little info on copyrights regarding domains/urls.

Ok, say company called widget registered international company, has domains widget.com widget.co.uk etc...

Would I be in breach of copyright law by just registering widgetgo.com? no website, no content, jus registering it.

for example, if i registered yahoohoo.co.uk would i be in breach of any copyright laws?

If you have any links to documentation regarding this it would be helpful.

jk3210

12:26 am on May 11, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



It depends on two things:

1.) How aggressive the trademark owners are at defending their mark...

and

2.) How much money THEY have vs. how much money YOU are willing to spend.

The basic standard is, will the domain in question cause confusion among consumers.

rogerd

12:29 am on May 11, 2004 (gmt 0)

WebmasterWorld Administrator 10+ Year Member



FutureX, the issue would be one of trademark infringement rather than copyright. The answer to your question isn't simple - whether someone comes after you depends on the uniqueness of the trademark and how it is used. A trademark like "GM" (assuming General Motors considers that a trademark), for example, isn't so unique that merely registering "gmcity.com" would necessarily trigger legal action. Registering "googlecity" might be a bit more blatant. In the case of more generic TMs, intent will come into play. If you put up a website at gmcity.com promoting automobiles, or if you attempt to sell the domain to General Motors, it will demonstrate your intent to capitalize on their trade name and cause confusion in the marketplace.

If you put up a site about famous baseball general managers at gmcity.com, though, General Motors is unlikely to care. At least I'd guess not.

Part of the issue is that some trademarks are truly quite unique, while others are generic words trademarked for a specific purpose (e.g., "chili dog" isn't unique, but could be trademarked for a line of clothing), and still others are unique words but used by multiple TM holders in different markets (e.g., "Lemex" could refer to a plastic and a pharmaceutical).