Just wondered if anyone could answer the following.
If for example Mylocalforums produced widgets and they produced the brand new widget 1000 - is it legal to sue the domain name widget 1000 to sell the widget 1000
I know that you can buy any domain name that is available but can you if it is clear that you are not the manufacturer to sell there product under the widget 1000 domain name?
Think the above makes sense.
It all boils to "Intention" if widget 1000 could prove it was setup with no intention of going after retro designed MLF widget 1000's, MLF would not have a leg to stand on. If the domain was bought with the intention on taking the credibility already built by MLF then, you would have a case. This came up recently with Steve, and consulted a close friend, (Lawyer). It is all about intention, piggybacking and proof! Simples!
Thanks Chris for the input. What I would like to do is buy a domain name for a product that gets imported into the UK for flooring systems the product name is a name made up by them so my domain would be www.theirproductname.co.uk - what do you think? tomsk
Sounds to me like you are piggy backing on their (with intent), which could net you in court. Unless you have permission as a supplier/distributor, I would say steer clear.
Agree 100% with Kip. It may be that you can become a distributer or affiliate, in which case read their T&C's, and see what their particular rules are. We do quite a lot of affiliate stuff and some companies will let you register pretty much what you want if it gets them more sales, where's other peeps, eg say Marks and Sparks forbid any name of them or their branded products in a domain name or PPC campaign.
I completely agree withe the other responses on this page. Also steer well clear of any name which is Trademarked. You could purchase the domain for a couple of quid but the risk is too high. You could end up in court resulting in hefty fines AND lose the domain name. Contact the company first.
This whole area is quite complex. There are some legal precedents being set on this and cases vary. So choose a name you're happy with, consider the advice already mentioned and good luck with your venture! |
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