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Intent and usage plays a huge part..... apple is in the dictionary... but be sure if you have apple in your name and selling music, you will get C+D. TM law is not alwyas common sense. So dont fool yourself...

Comments (7)

Yes example of this is FreshApple.com. If you use this to sell PCs/electronics then you'll be sent a C&D from Apple, surly. But if you use the same domain to sell fresh apples, there wouldn't be anything the TM holder can do about it. Most of it is intent use your judgement...

Comment #1

Are you trying to apply your own logic to TM law? It's really not all that difficult to understand or to interpret the application. Read about TM's don't guess...

Comment #2

I saw someone selling logos .mobi on Sedo and decided to look up the TM 'logos' and of course it was there, almost every name in the dictionary is there. Yet the person selling the domain will never get sued for selling it. And for example becast.com just sold, yet cast is a TM....

Firstly.

I am wondering about selling a domain which is one-word-in-the-dictionary dot ext, by using sedo, which is TM by a few companies (like logos), which has no website. Whats gonna happen to me if I do?.

Secondly.

The 2 or more word domain that I own - doesn't matter, I know already about this! edited!!!..

Comment #3

2 or more doesn't matter? What are you talking about? Do you think because your domain name has more than 2 words you can't have a TM problem? There is ALWAYS a possibility of a TM problem...wrap your head around that one to start off...

Comment #4

No, sorry I am saying I already know the answer to this question. I have no chance of using this domain for any purpose whatsoever!.

Edited...

Found the info on DNJournal.com about generic domain TM law. http://www.dnjournal.com/legal/sl-genericdomains.htm.

Thanks..

Comment #5

Archangel said it best. It depends on what you do with the TMed word. There's a company named Ball that makes canning jars. If you had ball.com and were selling balls, there is no TM infringement. If you were selling jars, especially ones that could be confused with Ball jars, it could be an issue. The key no-no is if you are dabbling in a field in which the original company has filed it's TM, or if there is anything that could cause confusion between your use of the word and the TMed use of the word...

Comment #6

And why not? There's always a first time, you know.

Here's the simplest question to ask yourself before you register a domain name.

That's potentially infringing on an existing trademark: why?..

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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