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.
A couple of recent articles http://arstechnica.com/information-...-to-target-a-site-critical-of-ubuntu-privacy/ http://arstechnica.com/tech-policy/...y-fueled-by-misunderstanding-of-law-eff-says/ Now I imagine most companies don't care, but if they do it won't stop them from drowning you in lawsuits and ruining your life. You could go for something that is a play on words something like "solarfans".
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!
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 www.MyMicrosoftfansi.te
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.
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.
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.
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.
^^^ Remember how Microsoft went after the guys who owned XboxOne.com despite the domain being years old?
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.
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.
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.