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GoDaddy review : Recommend I pay for GoDaddy?? f**king google trademark issue on Parked

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Hi.

Regged an old domain 'usethef**kinggoogle.com' with residual traffic of a couple hundred of visitors daily. I thought I could earn a few cents on Parked or maybe have it developed into a tongue in cheek blog or minisite.

When I tried to add it to Parked I received an email saying that they can't add it due to trademark issues and they (and i) may get sued by google.

My question is, is the trademark issue (if any) only due to using the word google? I note there is a site 'justfu*kinggoogleit.com' receiving a few thousand visits a day for which has been regged for 6 years or so apparently without any trademark probs or it wouldn't have been regged for 6 yrs I guess.

I guess that I can always whack it on Sedo if you guys think I would be legally safe doing so...

Comments (15)

Honestly Google takes TM infringement quite serious but if you feel your domain name should be placed on parked just contact your account manager by submitting a ticket. They are usually quite quick to respond...

Comment #1

My best advice, stay away from these types of names, they will only bring you trouble. It does not matter what the other guy is doing and getting away with. Keep treading in these waters if you want, but most domainers stay away for a reason...

Comment #2

Thanks Adam. I did contact my account manager who advised they would not allow it due to google trademark issues. This is why I was wondering if all domains containing the word "google" were a trademark infringement or if it is just the context it is used in?..

Comment #3

Google is not a dictionary word, so wherever you use it it is a TM infringment..

Though I am sure you can find a parking company which doesn't check your names for TMs, but then it's at your own risk, if google catches you they'll get that name from you...

Comment #4

The reason the other guy is allowed to use it is because he isn't making profit from their trademark, you however are trying to make profit from their trademark...

Comment #5

So are we saying then that any website, blog, parked domain etc containing the word "google" and making money from it is a TM infringement?..

Comment #6

*.

Unfortunately, yes.

"Google" is a non-generic word, much like "Verizon.".

*..

Comment #7

Even a generic keyword can be TMed to some extent...

Comment #8

Sedo deleted all my domains which contained 'google'. I regged them when I didnt know anything about TM and dropped them later...

Comment #9

It's under fair-use laws as it's a non-commercial site. It's legal. Parking is commercial use and would violate their trademark if used improperly...

Comment #10

*.

Only if it's trademark use is different from it's dictionary meaning.

Apple for computers = okay to trademark.

Apple for Apples = not okay to trademark.

I sincerely hope it remains this way; to be able to TM a word based on it's dictionary meaning would be a disaster and bring communication to a virtual halt and mire the web in lawsuits and UDRP hell.

If one regged a Googol domain, that's a real word, although (depending on use) a UDRP panel might still rule in favor of Google if the word were used in a confusing manner. (e.g., as a spam site set up to confuse users into thinking the site belonged to Google).

It's more complicated when two generic keywords are paired. It depends how common the paired term is in the lexicon and general usage.

For example, the former owner of MyFacebook[dot]com had the domain taken away, even though these are three generic words. However, that combination is not common to usage, EXCEPT as a reference to the trademarked term.

Evidently, when Facebook was trademarked, the two-word combination wasn't in common usage.

I think the term "my space" is more complicated, given that one could very well use that term without referencing the popular site. I can only guess that the TM is "myspace" as opposed to "my space.".

*..

Comment #11

So what is the situation if I have a blog praising the benefits of using google?..

Comment #12

*.

If you don't monetize from the blog (in other words, no adsense or any other ads and no redirects to monetizing pages) and clearly state that you're not affiliated with Google, you MIGHT be okay.

But you should read about this case and the hassles that one domainer has endured: http://shopsatwillowbend.com/.

This domain owner was actually using this domain to PRAISE this mall and still has had huge issues and court cases with the owner.

Ask yourself: Are you prepared to go head-to-head with Google to prove a free speech issue?.

*..

Comment #13

Hey Hey!.

Good old willow bend! I use to window shop there with my high school buddies ! Its for the good old rich west planoers! I remember way back just wanted a neiman marcus bag so went to the top and thought about that $10 neiman marcus ornament but said nahhh screw it!..

Comment #14

Its a TM thats all thats to it and you reg it to cybersquat simple as that so cut your losses or develop until you get get shut down...

Comment #15


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

 

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