Is it legal to use another companies name in your web domain?

Discussion in 'Off Topic Discussion' started by AlexRMC92, Dec 12, 2013.

  1. AlexRMC92

    AlexRMC92 Site Supporter 2013

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    So i'm considering starting a website that would hold a forum eventually containing information about a lot of enterprise hardware, mostly EOL. At the moment my main focus is Sun Microsystems hardware, but i would consider extending it to SGI , IBM, etc...

    My issue is using another companies name in the domain. For example lets say i registered "sunenthusiasts.com" (not sure if it exists, just an example) would i be subject to any legal action?

    I don't know if anyone remembers when apple sued all of the websites and that had "garageband" in their name, but thats what i'm essentially worried about.
     
    Last edited: Dec 12, 2013
  2. leetwolf

    leetwolf Peppy Member

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    Don't see any real issue there, just don't use their logo and make it clear you're not affiliated.
     
  3. Teancum

    Teancum Intrepid Member

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  4. leetwolf

    leetwolf Peppy Member

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  5. Twimfy

    Twimfy Site Supporter 2015

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    I think it depends on the term. If it were pepsienthusiasts then I think you'd have a problem as there's little ambiguity there. Sun however...I'd just keep a back up of a website full off overly tanned people and swap it in if a legal notice turns up!
     
  6. Bad_Ad84

    Bad_Ad84 The Tick

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    Dont ask for legal advice on the internet.
     
  7. CodeAsm

    CodeAsm ohci_write: Bad offset 30

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    This and before you do, you can always contact them and tell em your a big fan and want to create such and such name :p
    www.MyMicrosoftfansi.te
     
  8. Teancum

    Teancum Intrepid Member

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    Best answer. I think we are coming to a point where everyone should run these types of things through a personal lawyer just the times we live in.
     
  9. AlexRMC92

    AlexRMC92 Site Supporter 2013

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    This is more of a generalized legal question than advice. Those articles posted earlier were a good read and i have found a few more on my own. All in all i don't think it's a good idea to use anyones trademarks in your domain. The only way i see it appropriate is using it to identify their products, but thats a grey area when it comes to domain names.

    I will just find a more generalized name that isn't brand specific.

    I have a legal department at work that can get me some help from the lawyers we use when i decide to actually move forward with the site.
     
    Last edited: Dec 13, 2013
  10. mairsil

    mairsil Officer at Arms

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    Generalized legal advice is that it can be considered trademark infringement or dilution.
     
  11. YamiHoshi.nl

    YamiHoshi.nl Spirited Member

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    If you're an actual company, and actually registered under that name: Yes, it's illegal.
    If you're just a fan of a product, without any rights Claimed to the name: Feel free to use it.
     
  12. mairsil

    mairsil Officer at Arms

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    Please don't take this advice. It doesn't matter if you are using it commercially or not; if the company wants to come after you, they will.
     
  13. MSX

    MSX Is secretly 32-bit ---- Site Supporter 2013 & 2014

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    ^^^ Remember how Microsoft went after the guys who owned XboxOne.com despite the domain being years old?
     
  14. Bad_Ad84

    Bad_Ad84 The Tick

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    Or Mikerowesoft, when his name was mike rowe and he was a programmer
     
  15. AlexRMC92

    AlexRMC92 Site Supporter 2013

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    I've pretty much already decided that I'm going to use a generalized non brand specific name for the purpose of the site to avoid any possible legal action. Seems like the best option.
     
  16. retro

    retro Resigned from mod duty 15 March 2018

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    Absolutely. If you have to ask, then there's already doubt in your mind and it's best not to do it.

    If it's a trademark, I'd steer clear. The ACPA makes it illegal to knowingly register a domain containing a trademark.

    If you're going to branch out into several brands as topics, a generic name sounds best, to encompass everything.
     
  17. YamiHoshi.nl

    YamiHoshi.nl Spirited Member

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    I was actually talking about names like "NintendoMarketplace.com", or "Nintendo-Paradise.com".
    It's quite obvious Nintendo would sue you for owning "Nintendo128.com", while they just announced a Nintendo 128 at E3 2018.
     
    Last edited: Dec 19, 2013
  18. Bad_Ad84

    Bad_Ad84 The Tick

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    Both of your examples would get sued or incur some legal threats.
     
  19. jmdrake

    jmdrake Newly Registered

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    Completely agree.
     
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