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Hello,.

Can we use 123 as a prefix for single word trademarked dictionary domains?.

If yes, then what should be the terms we should keep in mind?.

Example 1 23people.com and people.com.

Thanks..

Comments (6)

If youre selling same product think things can be sticky...

I have experience of selling a completely different product but they tried to hit me with.

Using there trademarked name within website name (There are exception second hand, refurbished etc ) Users are likely to believe erroneously that your website is sponsored, associated, related, approved or implied by the trademark holder when it is not&. And seek to have it removed they also argue that you have defamed or discredited there company... But a lot depends on the company if they have a zero tolerance on alleged infringement&. And your response to there initial letters...? (You can get into the realms of informative news stories, customer opinions, product reviews, recommendations etc but be prepaid to argue your case).

Its also based upon your entitlement to use of the trademarked name....

E.g. 123macdonalds a site (forum) for people with the MacDonald surname someone post a question as to which burger they like the most as its an opinion, personnel view point.

Or if your name were say Philips and website called 123Philipsdvdreviews and you reviewed and gave your opinion, preference, recommendations on DVD makes your argument would be based around your entitlement to express you views and opinions (free speech).

Have a good disclaimer with regard opinions and view point expressed on site..

A bit of a minefield really and would probably be better to judge each case individually.....

Comment #1

I am talking single english word like this my.com and 123my.com or 123people.com and people.com.

Since my or people is a english word, so no one can trademark it...

Comment #2

Your first question was for a trademarked name ? I understand hence 123macdonald the point is you would have to justify it ? just sticking random numbers, letters or words in front the end the middle of a trademark etc makes no difference if you cannot justify it, especially if promoting the same item & adding them will simply be seen it as passing off etc If your talking non trademarked words then as no one has the trademark you could not be breaching anything ?

Comment #3

Macdonald is not a dictionary word, it has mac+donald. I am talking about dictionary words like book.com, plane.com..

Comment #4

You're being obtuse.

Dictionary words like book or plane cannot be TM'd by themselves. Product/Company names that also may happen to appear in a dictionary can be... like Apple, Nike, Chevron, Shell, etc... for specific uses. If your domain falls into that category, simply adding "123" or whathaveyou in front of it is still going to get you into trouble if you even think about displaying anything in the same or parallel category as the TM Holder.

This isn't Rocket Science. Just the fact that you had to ask means you have an idea what the answer is...

Comment #5

I own a 123Rent domain and it's not doing me any good....

Comment #6


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

 

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