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Dear all,.

I have purchased a domain name whose name is already registered as a trademark. I have nearly thorough'd the Uniform Domain Name dispute Resolution policy of ICANN.

My question is : if I start a discussion site for a TradeMark product with domain name exactly as.

Trademark.extension ( eg like google.fm or google.am ) (no prefixes or suffixes).

In more simple words, is it legal to start a discussion site for a mobile service provider in my domain.

Possible loop holes (Correct me if I am wrong).

1. My site is non-Competitive ( as I am discussing only about their product and on nothing else ).

2. My site is non-Competitive ( as I am just starting a discussion forum, where as they are Mobile Service providers and they have not yet started any discussion forums officially ).

3. The site is not used in "Bad Faith" as I am discussing only about their product and not about their competitors product.

Kindly guide me please, I have to start 7 such sites...

Comments (7)

I think as long as it's a discussion site and you dont profit from the site i.e. adwords etc then this is allowed but if you run the site and have adverts etc for there competition I think you would see a law suit brought againest you.

Im not 100% sure but I believe as long as it's a discussion site then you are ok.

Regards,.

Robbie..

Comment #1

Even if it's a discussion site or a blog, the company owning the trademark could claim prior rights and pursue a URDP. Without going into details, I had a company pursue it aggressively based solely on the idea of protecting their trademark even though I was doing a non-commerical, not for profit site. I don't want to discourage you, but it's a risk especially since you have indicated that there is a specific matching trademark. I am not attorney and, if you believe this is something you want to pursue, you may want to consult one for further guidance...

Comment #2

I would stay away from registering TMs or variants all together. it saves you the hassle with the owner of the TM and also yourself questioning the domain.

Cheers..

Comment #3

I think deep inside you already know the answer since you said not unless you have so much money since you will not get paid doing this and will make matter worst, just stay away from trademarks...

Comment #4

I have to agree with what others said.

If you use trademarks, they will simply try to put you out of business (or scare you) by suing you, whether you are right or not won't matter. You'll have to hire a lawyer, it will cost you money, etc. Is it worth it for a few $ made from online advertisement?..

Comment #5

I'm not a lawyer, but some common sense can still be used well in these issues.

A good example of the tactic you are trying to use is Porsche.me. The individual who registered this name tried to do exactly what you are trying to do. He lost the case. WIPO Case DME2008-0002 says that the domain should be transferred to Porsche even though Porsche.me claims to be a "non comercial Porsche Fan Club Site". This tactic isn't going to fool anyone.

Nevertheless, you do not give enough information about your domain name. Is your name an exact copy of the trademark (like your example shell gasoline stations dot fm) or something more generic (like star shaped sea shells dot fm)?.

If your domain name is more generic and has different uses, you might be able to keep it if you stay away from the category the particular trademark applies to and concentrate on the other possible meanings. For example, Windows is obviously the trademark of Microsoft. That doesn't mean the windowsanddoors dot co.uk is infringing on Microsoft. Even though windowsanddoors dot co.uk is a website, it is using the term Windows in a totally different category, so there can be no possible confusion between brands. (There are 6772 Live and Dead trademarks using the term: windows. There are a lot of ways companies are using the term windows without getting the wrath of Microsoft raining down on them.).

If on the other hand, your name is something like SonyStereos dot com, then you are screwed. Save yourself defeat and wasted effort (and a lot of money), cancel the name and move onto something safer.

Like I said, I am not a lawyer. Take this advice at your own risk...

Comment #6

I think the respondent made a small mistake in his E-Mail sent to the porsche trademark owner. He had asked for some bucks (out-of-his pocket) for that domain. I think that is where he made mistake. Not all the cases could end like that. I am still not convinced. I am not going to start this site.

My intention is not to make any huge profits out of that. But to show my own ads on those "Discussion sites".

Great answers from all of you. I should that everyone of you. Thanks for spending your valuable time reading this big thread. Any others have any experience in any situation like this, could very well share your experience here in this thread...

Comment #7


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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