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Domain name law


ridesign

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cybersitting!

 

You want to buy it then sell it at a profit?

 

It depends how bug the company is! Coca Cola would swat you like a bug! But then all the big companies already have all the various combinations of their own names.

 

Really depends what you are wanting to do with the site and whether the company name is also their trademark.

 

Lots of small companies have the same names so it you've got a legitimate claim to the name then it's a case of if you're not fast you're last!

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Hi,

I was thinking of keeping it and listing products they sell.

e.g. what happens if it their tradename?

also is it allowed to have a phrase

i have seen some people have these:

http://www.auctionsonlineebay.com/

www.auctionebay.com

are these allowed, or could they get sued?

 

Thanks

 

Anybody can be sued by anyone so yes you can be sued. This has nothing to do with whether or not they would win but whether or not you have the resources to fight. The question is will they bother doing so. I think in most cases it depends on whether you are doing something with the name that the company deems is either negitive towards them or if you are trying to use their name to compete against them. I would think that in both cases your chances of being sued are greater.

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  • 3 weeks later...

We had this also on a domain we own. We were told :-

Basically trade names are a no no, unless you can sell it. www.auctionharleydavidson.com is different as you can sell a "Harley Davidson", but with ebay, you cannot sell an "ebay".

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We had this also on a domain we own.  We were told :-

  Basically trade names are a no no, unless you can sell it.  www.auctionharleydavidson.com is different as you can sell a "Harley Davidson", but with ebay, you cannot sell an "ebay".

 

 

The way intellectual property reads, an individual or group is not allowed to reference the complete name or that which is closely resembling the Trademark of another company. Domain names are no exception, unless the Trademark is being used in a separate, unrelated market and is considered a commonly used phrase.

 

Example: Apple Computer

No TradeMark Violation: www.AppleStand.com

TradeMark Violation: www.MyAppleComputer.com

 

The only time this is an option is if the original trademark owner licenses its use by another company.

 

My Two Cents,

 

Thx

Carpe Carp: Seize the Fish.

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  • 2 weeks later...

Just a note with first hand knowledge. You can register just about anything you want that is available....... it takes about 2 hrs to get a threat of lawsuit. I registered ebaymommy. I had a one page site that had only a link to ebay and my about me page. They said " We will sue you if you dont give US that domain name and make no further use of it" Why, I said. Its not an auction site..... them..."People will think you work for ebay or are affilitaed with them." Me..."Ebay has no MOMMY!!!" puhhhhleaze! But I got threats and even had my isp contacted for fraudulent internet use. Big pain, i said give me my $25 and take it, they said nope, you get to give it to us! Nice huh, I was free advertisement for them....not taking away from it. Dont try it, its not worth it.

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