Domain Hack and Trademark

[xman]

I am a fan of domain hack and sometimes I wonder whether or not some domain hack could have a trademark issue.

Let say the ccTLD is WS and the domain register is WINDO so that becomes WINDO.WS. Can Microsoft claim that as their TM?

Also, let say the ccTLD is AS and the domain name is ADID so that becomes ADID.AS Can adidas claim it as their trademark?

 

[xman]

Any comments?

 

[ckdomain]

Hmm i dont think they can since there is a . in the name but you never knwo.

 

[DNQuest.com]

It comes down to similar or confusingly similar. Would windo.ws be concidered confusingly similar? I would bet some would think so. Usage would also be a determing factor. If you sold software on that site, that could be a bad thing. But getting to the bottom of the matter, if you are registering it because it does seem alot like the TM, that is bad faith registration. Usage would be very important and you would need to show that it is a coincidence that it looks like windows.

 

[smartpc]

I think I read somewhere recently that microsoft recovered 900+ domains

 

[zz]

That's a lot of money

 

[xman]

I think I read somewhere recently that microsoft recovered 900+ domains

What domains did microsoft recovered.

From my understanding a TM owner can take a TM domain. For instance microsoft can take away windows.com/net/org/info domains from anyone. The domain windo with an extension .ws do not fall in the same category because the domain name is windo. So the big question is..does windo.ws a TM of microsoft?

 

[ckdomain]

why doenst microsoft own internetexplorer.com?

 

[psalm91]

It really depends on how you use windows.com, if a person uses it to sell windows for houses/cars etc... then microsoft could not take it.

 

[DNQuest.com]

[QOTE=xman]

From my understanding a TM owner can take a TM domain. For instance microsoft can take away windows.com/net/org/info domains from anyone. The domain windo with an extension .ws do not fall in the same category because the domain name is windo. So the big question is..does windo.ws a TM of microsoft?[/QUOTE]

Witt TMs, the rule is, similar or confusingly similar, now just answer this one simple question:

Is windo.ws similar OR CONFUSINGLY similar to the TM?

 

[Ferman]

if you do not start something related to trademarked domain owners business, then they are safe

 

[DNQuest.com]

By reading the OPs original quesiton, he was saying if they can claim TM rights, and the answer is yesm they can. They are confusingly similar. Put that domain in a nice banner add and it would look like Windows or Adadis. Creating a reason to register a TMed domain sometimes does not hold water if challenged. Don't you think the panel heard all the stories by now? I will have to admit that I believe the OP is looking for a loophole to register such names, but looking for the payoff somehwere. My guess would be banner ads since it isn't a true type in.

 

[TheBulldog]

why doenst microsoft own internetexplorer.com?

Why doesn't Donald Trump own badhair.com?


For the most part, if they wanted it they could easily get it as it is the name of one of their products.