Copyright rules? Confused...

[cruzway]

Ok , I just dont understand hows fair... Lets say "hypothetically" i registered apple.com , and apple did not exist byt the time i registered the site and I create a website about the many kinds of apples and differences between this apples. And lets say Apple the company its created 5 years later and say. Listen youve got a site with our name, give it back or you committing a crime??
How does that work , i mean apple is an apple. thats it is a name , no one owns any name in my opinion. You guys understand what i am trying to say?
How does it work.
Like i understand something like me going and creating a site called ihateipod.com , then i can see me commiting a crime but what about ihateapples.com ??
I just want a quick explanation of how it works.
And what happens when you registered a name like erioeureu.com and few years later a company comes up with that name and trademarks tht name even you had that site for years??

 

[snowbird]

Ah yes, trademarks. This actually has nothing to do with copyrights. Basically what a trademark does is protect names that companies are operating a business under. When you start a company, usually they come up with a name for the company or brand. The purpose of trademarking the name is to basically say "HEY! Make it known that we are operating under this name". It is kind of like a DBA (doing business as) name but provides more protection. So for instance you are not really owning the word "apple", but you are owning the brand, product or services being produced by that name as a company.

How trademark protection works is it protects the company from those who are trying to steal customers or profits from that company. So in your example, Apple the computer company is providing computers and software. Their trademark states what the business does in the trademark database. So, if you want to start a company with the name Apple in it, you will not be able to provide computer services because it may be confusingly similar to the already established Apple company. BUT, if you want to start a company with the name Apple in it and provide apples for sale, that is different because your edible apples are not confusingly similar to the already established Apple computer company. They are providing completely different services entirely.

The only time a company with an established trademark can sue you is if there is reason to believe you are stealing profits from that company in some way by providing services that are very similar to what they are already providing.

That is pretty much the best way that I can explain it. Im sure someone else may be willing to elaborate even more on this topic.

 

[Domainace]

Actually, a company can sue you whenever they want, regardless of legal rights. The important thing to remember about trademarks, patents and copyrights is that they are not the be-all and end-all of property rights. They are simply fortifications that help support a company's claim if they do decide to sue you. Even if they have not registered a trademark/copyright, they can sue you and claim that they have been doing business with that name and that it is widely recognized as representing them.

In short, the copyright is not a game changer - it is just part of the arsenal for a company's defense.

Here's what's important:

Are you able and willing to fight any copyright dispute in court, including covering all the costs involved?

If the answer is no, then just assume you have to tread very carefully. If challenged, you'll likely have to surrender the name - right or wrong.

So far as "people owning a name," they do own the exclusive right to use a name in relation to a particular product or service, as long as they prove that the relation is not a common one. (For example, a company can't claim exclusive rights to the the word "apple" to sell apples.)

When a company becomes as big as Apple, I would be hesitant to use the name to sell anything but apples. If I was lucky enough to own apple.com before Apple computers came along, I would be sure to have my website up and running, and clearly selling fresh apples, apple juice and apple pie.

The essence of these laws is that they are supposed to prevent anyone taking advantage of the confusion of customers. If there is any chance that visitors to your site might think it has an association with Apple, Inc., you're in trouble.

While the laws mean well, they really only work if both sides are armed with good attorneys. And nobody is going to spend good money on attorneys defending anything less than a top level domain name. Big beats small. This is how the Olympics committee managed to force every Greek restaurant with Olympic in its name to rename itself, so nobody would think that Olympic Souvlaki Take-Out was affiliated with the Olympics.

 

[cruzway]

I didnt know about the Olympic Comittee ... I though there was a greek airline called Olympic airlines.

 

[Domainace]

I probably should have searched Google first. There are plenty of Olympic restaurants still. I remember this case from several years back, and the Olympic lawyers are ridiculously aggressive. Right now they are trying to block the Olympian Newspaper (of Olympia, WA) from trademarking their name.

I also want to add that I am not a lawyer. I spent many years translating patent applications and correspondence, so I am familiar with many of the arguments.

It's probably a good idea to ask yourself, before buying a name with potential TM issues, whether you are willing to either fight to defend it or happy to give it up if challenged.

 

[shree]

another newbie here confused
well lets say if i own a domain Linuxtips.com or
some x softwaretricks.com (xyztricksandtips.com) or xyztricks.com
will it be copyright violation ?

 

[Zilla]

if at 2008, you regested abcdefg.com, and run it as a park site or a real blog site, but in 2009, a real company adcdefg been established and have trademark on this name, say, they sell software..

now, is that possile this company ask ur give the name back to them? I don't think so ..

 

[shree]

what i wanna ask is windowstips.com or microsofttipsandtricks,com come under trademark issues?

 

[snowbird]

Just to be more clear. All of the issues mentioned in this thread are Trademark issues. NOT copyright issues. Copyrights are different. You cannot copyright a domain name or company name.

I would also like to add that this probably should have been better posted in the Legal Issues and Disputes forum. Getting a moderator to move this thread to the appropriate forum would assure you more accurate responces. Some of which may even be from lawyers who frequently visit this site.