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I need an opinion on the domain Setup Windows ()com. Can I create a website with Windows tutorials - how to install Windows, how to make some optimizations of the system (example - photoshop tutorials, flash tutorials...) ?

Comments (8)

That would be a darn good way to get sued!.

Think about this logically. You have a name that you KNOW relates to the microsoft operating sytem. You are trying to think of a way to profit from that name. The purpose of a trademark is to grant it's owner the EXCLUSIVE right to do business using that mark. There is no other answer than to drop the domain. Its worthless to anyone but microsoft, period.

The name could be used outside of microsofts reach, perhaps for a website about installing double pane glass windows. However I'm sure you realize that there are better names to be had for that, and that you won't get any clicks becuase the people who find your site will be looking for microsoft related products and information. You can't legally advertise computer products or services, so you won't make any profit.

In this case, the trademark is doing exactly what it should be. Its protecting all the money microsoft invested in building a brand and keeping you from profiting from thier investment...

Comment #1

Yes, I understand, but I found a lot of websites that provides tutorials for other products like Windows. I've just searched in google for "photoshop tutorials" and I found some names that includes the registred trademark name Photoshop: PhotoshopTutorials.ws PhotoshopStar.com PhotoshopCafe.com.

All of the examples above are developed as very nice Photoshop tutorials resources...

Comment #2

You can legally create an information based site but one without commercial gain.

That's my opinion for you.

My other opinion is not to bother doing it...

Comment #3

So, I can make a website with Windows tutorials, and it will be legal if it does not sell Windows OS ?

Comment #4

If you dont earn anything at all!.

NON-commercial. That means no ads, no selling anything.

Jesse correct me if Im wrong...

Comment #5

The commercial reality is if the site was only promoting Windows, Microsoft wouldn't care. Lots of URL's have software names in them just like lots of independent car dealers have the manufacturer name in their URL. Yes, Microsoft could get the name if they wanted to, but the name in question has no particular value so if you developed a mini-site and lost it, it wouldn't matter...

Comment #6

You can not make a penny from the site!!! Zero ads, zero Google ads, zero money.

Maybe your better off creating a site about installing property/home windows..

Comment #7

Wow, After re-reading my comments, I must have been really tired as that sounded way more harsh than I had intended. (sorry) I'm not saying microsoft "would" sue you. Chances are you are too small a fish to be worth frying. Lots of those photshop sites are probably playing outside the rules as well. The "everyone else is doing it" mentality is not a real great business strategy though. Remember the RIAA napster lawsuits.

Years later there are still lawsuits going back and forth. Imagine the headache.

Just picture for a minute that you put lots of hard work into building a site. It gets popular and becomes worth something. (starts to make real money.) Now you aren't a small fish anymore and microsoft will come take it away and keep the money for themselves. The trademark makes it as much impractical as it does illegal to make money off someone else's brand. Whether they enforce it depends completely on whether it's in their best interest to.

Yes you "could" build an ad free revenue free site and as long as you don't slander them microsoft would leave you alone. In a dispute they wouldn't be able to prove "bad faith registration" Why would they take your name if you are promoting thier products for free. You might even get away with running ads and making a few bucks. They probably wouldn't care as long as it was promoting windows sales. If they decided to make an example of you though you wouldn't stand a chance.

Why bother if you can't make any money...

The point I was trying to make with my first post (however crude it sounded) is that you need to step back and look at your own train of thought to really see why it's a bad idea. You were thinking "this name must be valueable because of it's correlation with microsoft windows." It is that train of thought that defines a trademark violation...

Comment #8


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

 

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