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Can sony do anything to me if I brought anydomain with the word "ps3' or "playstation3" am looking to buy a domain but I dont know yet ?

Comments (18)

I dont think they can. As long as you dont claim anything what they own as yours.

Right?..

Comment #1

Sure they can. If you're both US-based, they can sue for domain transfer and.

Monetary damages up to $100K per domain name under ACPA (just google it).

And if you're asking why, this quote from the USPTO can give you a darn very.

Comprehensive reason: Talk about comprehensive...

Comment #2

Would not apply to any domain registered before that date, right?.

- Vince..

Comment #3

Ideally, yes. In reality, there are various factors that can beat that detail...

Comment #4

Care to expand on that, as I think it's most relevant to the posters topic, and be really comprehensive.

- Vince..

Comment #5

What about if it was a domain talk like ps3talk.com ps3forum.com? is that wrong?..

Comment #6

I think he is just saying you can't register the domain before, wait until they put the product out, and then put up a website about Playstation 3 up. If you have another legitimate use of the acronym PS3 that is not Playstation 3 related then you are probably alright to use it.

Tom Technically yes, but in most cases the company will not seize the domain from you unless you are causing them negative press or appearing to your visitors as an official site from Sony. If you put a disclaimer on your site that you are not related to Sony or PS3 and that you are simply a fansite, you should be fine.

Tom..

Comment #7

Ah cool thanks for the info so all I got to do is put a disclaimer up and dont cuase them like negative stuff thats cool..

Comment #8

"If you put a disclaimer on your site that you are not related to Sony or PS3 and that you are simply a fansite, you should be fine.".

Whoa, not so fast, there. Such disclaimers (the kind of which I myself use on my celeb sites) do not necessarily protect you in non-celeb areas - which is why I stay clear of them. They can still come after you if you have a site dealing with video games or video game systems, etc.; also they'll have a case if they can show that your site looked like it was affiliated with theirs, and/or that you were also selling Playstation products (including used items), and therefore were diverting income which may have otherwise gone to them.

And that's just the tip of the legal iceberg.

BTW, they can't sue you for "domain transfer," though, since that's not what you'd be doing, and besides, companies are NOT automatically given tons of free name-related domain names upon merely having a trademark application approved, meaning in this case that they don't instantly seize ownership of any such name that happens to have "PS3" in it. However, they can sue you for many others things, including generally dilluting their mark...

Comment #9

You cut out the first part of what I said. I know a disclaimer does almost nothing legally, I was just stating that most companies do not mind fansites as long as you are not trying to mimic their site, or causing them negative press. After all, most companies would be thankful for any additional positive press created for their product. Let me stress again, that this is not the case with all companies, and in almost all cases regarding TM, the TM owner will win any dispute that occurs. Who ever said they are given free domain names? I never said they instantly seize all domains with PS3 in it. I said they can if they file a UDRP dispute, and 99% of the time they will win.

The bottom line is be very careful when it comes to TM domains...

Tom..

Comment #10

Sony does not play around..

I had a sweet xbox name taken in the blink of an eye. and it was a dot co dot uk..

Comment #11

Wouldn't that be Microsoft that would take an Xbox game? I have never had any bad experience with Sony, and I own several PS3 and PSP related domains, but I am sure there are cases where they have taken away domains. Just be careful...

Tom..

Comment #12

Lol.. I own ps3talk.com.

No problems and I don't expect any either...

Comment #13

I dont think they really do anything since it's a forum name??..

Comment #14

Still, there is no way it could apply to any domain registered before a TM filing date, right?.

Otherwise, it would really open up a can of worms..

Just think; find a domain name that is very popular, and not TM, and you go and get a TM for it. Instant success!.

- Vince..

Comment #15

Filing date? no, a common law TM could be established before the filing date. There is also a field for first use in commerce, which if ealier than the filing date, that is the date used in determining a timeline for a TM...

Comment #16

PS3 could be interpreted as playstation3 and other ways.

PS3 Sony Playstation 3.

PS3 Remo Powerstroke 3 (drum head).

PS3 Port Security Specialist 3rd Class (USCG rating).

PS3 Personnel Specialist 3rd Class (USN Rating).

Happy Domaining!..

Comment #17

Playstation is a registered trademark, dont register any names with playstation in! but if you have ps3talk.com or anything like that they cannot do anything to you if it is not about playstations.

(I believe this to be true but I am not a lawyer and do not be certain on anything I have said)..

Comment #18


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

 

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