what is an illegal domain name regarding trademark?
April 18th, 2010 by XMGS.comI have registered domain names for an upcoming release of a product. The release has been known for quite some time and surprisingly, the domains were available. I would like to know if there are certain domains that are illegal, if I'm planning to offer a service related to the products trademarked name.
what if i'm not using something like ipod.com but something like ipodservicecenter, ipod magazine, or ipoddrives.com(s)
now, if they've trade marked ipod musical cinema – can i get ipodmusicalcinema.com ?
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April 18th, 2010 at 2:29 pm
if the trademark was registered first before your domains, then you are liable and its considered domain squatting. for example, if you registered ipod.com after apple got the trademark, you would be sued and lose.
April 18th, 2010 at 2:32 pm
The domains you are talking about still contain Apple's trademark, iPod, so it'd be my guess that you'd have a hard time holding on to those domains. Large corporations take their intellectual property quite seriously. I suggest contacting a trademark attorney before moving ahead with your plans.
Hope that helps! I wish you much success & happiness in all your ventures!
April 18th, 2010 at 2:53 pm
There's no such thing as a domain name being "illegal" or not, unless the technical authorities finally decide such (which isn't any time soon). What matters is the INTENDED USAGE behind it/them.
If:
1. You registered those domain names with the intent to somehow get a free ride on someone's trademark rights, and:
2. Your intended use of the domain name is somehow similar, related, or associated in any way to that of a trademark, especially if it bears any hint of commercial use,
Then expect trouble. More so if the potential trademark holder has deep pockets to enforce and protect their trademark rights.