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Let's say if two companies merged together i.e. AOL and Amazon to create a company called Amazon-AOL would I be in breech of trademark rights if I had registered amazonaol.com prior to the merger?.

Thanks.

John..

Comments (15)

If you have that type of domain then you are already infringing on two TM's right now.

Brad..

Comment #1

Ok and even if my website was a site dedicated for something like.. Against Murdering Ageing Zebras Of Native And Offshore Lands.

And launched prior to the merger?..

Comment #2

UDRP panelists are not dumb and have full discretion to determine whether you reg was in bad faith or not. They won't be buying your strategy...

Comment #3

Hey keep up this line of thinking and the zebras may not be.

The only one's wearing stripes...

Comment #4

I agree. They are not ALL dumb. Most of them pretend to follow the law and get fairly close..

They do that just like those who "PARK" domains and "pretend" to be operating real businesses.

You business is "helping" people find what they search for by clicking a PPC banner on your site..

Creating "Premium" domains not a real business..

==============================================..

Comment #5

Hello. I have a domain that has google in the context. When I asked about TM issue in Google webmaster forums I received this answer. googlehosting.org may not be a google tm issue as their logo is different and they state they are not endorsed or affiliated with google in anyway what so ever. One of my domain's is googlevault.com and they allowed me to run a paid google adword campaigne and host a google module for it as well as a google gadget. I was told by others if google wanted my domain it would be vault.google and not the way mine is.

"Not approve" and not allowed is 2 different things. I've had it published for awhile and have never received anything negative from google or anything stating that it was not allowed. My logo is different and I also state I'm not affiliated or endorsed by google in any way. I'm new to the domain selling but not selling online. I've done quite abit of research to make sure I was not in violation.

I've joined this site to offer a bunch of domains I have for sale. I'm looking for the proper place to list my domains and get any feedback on their worth before I list them for sale. I want to abide by the rules so any help would be great. Mike..

Comment #6

Hello. A google employee "skylar" in the google web master forums posted that googlehosting.org may well be not a trademark violation as their logo is different than google's and they state they are not affiliated with google in anyway. My domain googlevault.com is similiar but my logo is different also and I state I'm not affiliated with them in any way also.

Here is a post I received when I asked about my domain. It regards a similiar domain.

Best answer - Skylar (Google Employee).

Hmmm, GoogleHosting may not be a Google trademark: http://www.google.com/permissions/guidelines.html.

Their logo does not resemble Google's..

And the fine print in the footer says: "GOOGLE is a trademark of Google Inc. We are not affiliated or endorsed with Google in any way whatsoever.".

In the policies they state they would not approve of such a domain but "not approve" is not the same as "not allowed"..

Comment #7

A logo is a logo.

A trademark is a trademark.

A trademark does not need a logo.

The word "google" is a trademark.

It does not matter if you used arial, times roman, etc., in any color...

Maybe you have heard about WindowsCommander (now renamed to TotalCommander).

And windows is a generic word unlike google.....

Comment #8

Hello. Yes I read that also but when I investigated TM they related to the .com, .net, .org etc domain endings. googlehosting has been running for quite awhile and my site has been published for awhile also. There is lots of domains with google in the context published. Also as stated I ran a googleadwords program which they screen before running. They screened it and ran my adds. So what am I supposed to think? If it was not allowed surely they would never have allowed my campaigne to run?..

Comment #9

I just did a who is on googlehosting.org and they have been registered since 2007. Also they are a business..

If they were not allowed google would have shut them down by now. If you check there is lots of domains with google in the context published. Google also hosts a google gadget and a google module for my domain googlevault.com.

I do apprecite your feedback. At first I thought I was in violation of the trademark also. I offered it to google before offering it for sale. Others have said google would want vault.google if they used vault in their domain. Now that is one I would not even think about buying if it was available..

I bought the domain googlevault.com because I thought it was a good name. It has great SEO of course...

Comment #10

Umm, the first unwritten rule of domain squatting is not to offer the domain to the party owning the trademark. You basically opened up yourself to extreme liability here, and Google doesn't need to 'buy' it from you if they want it. The UDRP arbitrators would be on their side in no time.

Also, it seems you're comparing yourself a lot with 'googlehosting.org'. Two wrongs don't make a right. The fact you have a 'similar' domain doesn't mean your domain is OK if theirs is OK. In fact, both domains are in clear TM violation, but I presume Google just doesn't care enough to take it from both parties. However, you should definitely be looking to get rid of your domain completely (not selling it) ... the sooner, the better for you.

The only real research you should be doing is consulting with a trademark lawyer; they'll most certainly tell you what you're doing is plain wrong. I understand you're new here, so I suggest you do the right thing and stay as far from your infringing domain as possible...

Comment #11

Especially in an online forum that's got some non-lawyer members with little to no real-world experience in legal matters like this one.

Up to you whom to believe, globegenius. But just remember that only you will be directly affected by what you're looking to do, and whoever told you what you quoted here won't be.

Good for you if you're eventually successful with those domain names. And very few will probably sympathize with you if Google finally decides to get your Google-domain names for arguably infringing their trademark...

Comment #12

Hello and thanks for the replies. Yes I'm a dummy when it comes to domains. One could argue that there is many cases of trademark violations everyday I'm sure. As soon as you make a domain with someone else's domain name in it, you could be infringing could you not? Who owns web.com? Look how many names have that in the context. Or how about business, vegas etc.The list goes on forever. Google is just the big player...

Comment #13

Always best not to enter into a battle of wits with an unarmed man......

Comment #14

Actually Google is a clear TM term.

Web, Business, Vegas are all generic fair use terms for what their definition is.

Brad..

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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