I would assume and hight believe that paypal is a trademark... yes it would bring a issue to you if your domain contained paypal.. It all depends on the domain, paypal it self, and if your stealing business...
Could anyone provide me a website that I can check the TMed domain name before I register any.
You don't need to check in any case.. a name doesn't need to be registered to be protected from infrigement. A simple test: if you think to ask whether a name might have TM issues, you've probably just answered your question.
In this case, Paypal would most definitely have potential issues depending on useage, etc...
You can't be serious.... Paypal is a well known TM, what are you going to check? maybe it was revoked? or it was just a scam and Paypal doesn't even exsist?????.
Paypal protects their mark, so what are you trying to accomplish?..
Oh, I am so silly!.
Google is a "well known trademark" and it is fine for them if some people has GoogleForum.com, GoogleBlog.com or whatever with "google" in the name.
PaypalSucks.com is website which is not owned by Paypal and maybe they have TM issues but they're still online. So, my question has to do with the possibility (yes, a real possibility not to be so surprised about) that they are fine with letting others have the word "paypal" in their domain name.
So please shut up your sarcastic language, ok???..
I believe that there is a page that lets you contact Google and ask if you can use it (from my memory. don't quote me on it. ). I'm one hundred percent sure that Mozlla Firefox has this. PayPal I believe, you can make any site out of, with their permission, as long as you are voicing your opinions with evidence, like PPS.com.
Why not just ask PayPal if you can reg a domain with their name in it and explain what it'll be used for?..
Yes, that is probably the wisest thing to do in these cases, I guess.
I wonder how it is possible that PaypalSucks.com is online for more than 5 years now, though. I dont think they have Paypal's ok..
Paypalsucks is a "fan site", though it is an anit-fan. That is free speach. Just because there are sites that have TM names in them does not mean it is being used legally or the owner got permission to use the name. There are millions of domain names and it is immpossible for a company to find every domain that has their TM in it.
For example, you are doing 65 in a 55 and a cop pulls you over. You tell the cop, "well, everyone else is speeding". that does not mean what you are doing is legal.
Yes, there is "fair usage" of a TM under cirtain circumstance that have been covered extensively here. But the original question was using paypal in a domain with no other explaination. The simple answer is no...
Yes, you're clearly right from that point of view.
It is just that it seems some companies have a more agressive policy and some other seem not to care about others registering their names, so I was hoping someone might have registered a domain with the word "paypal" on it to share their experience.
PS: sorry if I was a bit too rude in my last post addressed to you, it is just that I didnt think my question was silly at all..
I suspect Paypal is a TM issue, however, irrespective of that, the minute Paypal or Google see other people profiting from their name, they are likely to wield the whip, therefore the value of such a domain including a "mark" is IMO very limited.
Also, if I were cynical and had a big trademark and I saw someone else developing a site using it, i'd be tempted to let it ride for a while, see how they do and if it looks profitable, get the lawyers in and take it over, all nicely up and running thankyou very much..
The paypal sucks site is protected by free speech rules. The day they start funneling traffic to another site instead of using it for free speech is the day they probably get a legal notice. that site probably also gets some grandfathering since it was started before ebay owned paypal.
Also, with ebay and paypal being some of the highest phishing targets, you are likely to call attention to yourself as not only a potenial cybersquatter, but potentially a phisher, which could be worse...
My friend have domain PayToPal dot com and Paypal wrote him a letter, thet they want to take this domain..
Odds are they will get it unless your friend is willing to finance a long battle. I'd guess they are cracking down even harder since paypal is so often targeted by phishing schemes of close sounding names...
Some companies have very strict policy of allowing their names to be used even for their own fan sites without seeking their permission first.
I can recall now but there is a car company which has a strict policy...maybe Porsche.
First check up on their website about what they say about copyright, TM and other issues. Next ask them before using if you want to avoid unwanted issues later...
"Pay" and "PAL" - it's dictionary words, so they cant demand such domains...
Please do not post in legals anymore, you have no clue...
It's a brand they have been using or a long time already.....
So would www.Nopaypal.com be agaisnt tm? Or cause it's not a payment site that it is allowed?..
Free legal advice is only worth what you pay. :-).
Let them speak it's entertaining. This thread has more bafoons in it than the jungle...
If it was in any other section, maybe, but this is the legals. Someone will will this thread and say "that guy thinks it ok".... lol.
And for the price, people are getting a great deal for thier money (Then again, I think common sense should be prevalant... what was I thinking???????)..
Just to make sure I understand the law...
If you owned microsoftsoftware.com, and Microsoft wanted to take it from you, you legally have to give it to them?..
There's nothing legal or illegal about giving it to them. You just hand it over or.
You don't, simple as that.
It'll really depend on how much you're willing to risk defending your rights to it..
That is, if you have any...
A risky idea to use a TM as part of a domain name. I'm not a lawyer, but have been involved in UDRP / WIPO situations... It depends on the TM holder, how vigorously they defend their IP... and of course, what you do with the domain.
If they do decide to WIPO you, and they are as big as eBay / PayPal... good luck!.
Just my $0.02.
It's not quite that simple. You don't have to give it to them unless some authority says you do. However, if they file a UDRP or WIPO claim, they have a VERY good chance at taking it. You have a very good chance of paying legal fees to defend it. If they think you've profited from it, they can even bypass the UDRP process and sue for significant monetary damages plus the domain name.
If you play with fire, eventually you will get burned...
MicrosoftSucks.com has been to court and the court has decided that the site uses freedom of speech.
If you are going to register PayPalIssues.com and blog about payPal issues, PayPal will probably not be able to get the domains from you IF you can mount and pay for the lawyers and never receive a penny back (attorney fees can not be collected even if you win).
If you are going to put-up PayPalPayments.com or PayPalCommerce.com they will probably come after you and win the rights to the name as it delutes their brand (no matter what business you are in).
If you put-up PayPalTips.com they may or may not come after you and may or may not win. It will depend on lots of things, which would take a book to talk about.
I agree that fair use does come into play on occassions, but this is not an occassion where the original poster has an idea which excersizes his freedom of speech. These discussions always seems to branch out into exception and and what ifs and the threads get dilluted into a what you can or what you cannot do and ways to skirt TM law. As said many times, yes, there are ways to use a domain containing a TM, but I will gaurentee that almsot every person who posts here is looking to make a buck off the name and not use it in good faith (though they may pretend to use it in good faith).
At this point. we might as well just cut and paste previous threads where we go around and around on these issues, but we should stick to the actualy post at hand...
Maybe you can offer them to buy your domain name cheap? for example 100$..
Thanks guys for all those comments and suggestions! This ended up being an interesting thread... I am just no longer interested in this topic..
I guess I wasn't direct enough the first time....
You need to just read and not post in legals. You obviously have no idea about the subject from the 2 posts you have here. Please, take the time learn.....
Maybe it's time you and I create a big arse sticky post then. :-)..