Isn't Windows10.com ad Infinitum a Trademark Violation?

[Planet9]

I was poking and joking on Godaddy and I see someone other than Microsoft is sitting on Windows10.com ad infinitum for sale. Isn't this an obvious trademark violation or does a site like Windows 10 actual have to show a similar product to Windows to be in violation.

 

[Name Trader]

Just as long as they don't infringe on Microsoft's TM's I don't see a problem with Windows being a generic word. The problem is when the domain is parked it is almost certainly going to infringe on Microsoft's TM's.

 

[Planet9]

Thank You Stub Very Helpful Answer

Just as long as they don't infringe on Microsoft's TM's I don't see a problem with Windows being a generic word. The problem is when the domain is parked it is almost certainly going to infringe on Microsoft's TM's.

Thank you Stub. Very helpful answer. So basically you can sell any domain name as long as it is a generic word and you won't get hassled if the site just says domain for sale and has no parking.

If the buyer then puts parking on it he in all likelihood will be sued by Microsoft. If that happens, can the buyer sue you for the what he paid you, etc. or is that not your responsibility to tell him about possible trademark violations if he uses the site for anything similar to Microsoft products. Should you as a seller inform the potential buyer beforehand?

 

[AEProgram]

what about a domain that is windowshelp etc i wont what issues that can have

 

[Planet9]

Wow thats a good idea! Never thought of that. I'd think that would be less of a trademark infringement than Windows 9 because people may need help with "Glass" windows then checking out Windows 9! I kind of want to experiment doing something like this but I don't want to put myself in the position to be stomped on like King Kong stepping on an ant!

 

[Kate]

Windows + number can only be a TM violation IMO.

Windows is generic
Windows10 is not.

And by the way, a generic can be TM too (Apple is a good example).

If you ran a legitimate window replacement business, would you name your company Windows10 ?

But since Windows10.com is parked and displaying infriging ads, bad faith is already established and the domain holder is a sitting duck waiting to be sued.

 

[alien51]

You probably would fail in the "no legitimate interest" and "bad faith registration" criteria, should Microsoft decides to udrp you.

You are most likely going to be challenged as to why on earth you would register an obscure domain name like Windows10. You are not in the house window business. It would be very hard for you to deny that you did not know beforehand that there is a Windows 8 and it is "iterating" in numbers, since Windows is a globally recognized brand.

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what about a domain that is windowshelp etc i wont what issues that can have

Even if there is no such thing as Microsoft, that domain by itself sucks big time. It's much better to drop it.

 

[johname]

If a true window(glass) installer/company bought Windows10 and developed with something like "we beat the completion by 10 percent" or get a 10 dollar off coupon with each order. They would be within their right to use this name in my opinion


But average person newly buying and holding Windows10 dot com from the seller, would be trouble as it would easily be assumed one waiting for windows 10 operating system to come out.

This is one of two reasons godaddy does not nick pick on tm's. (they dont know if w glass window comany is bidding) The other is they make a lot of money lol

 

[Kate]

Reminds me of MikeRoweSoft:
http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft

 

[Planet9]

I Had to Laugh at Microsoft Offer to Refund Him $10!

Thanks for the link. What I don't get about these Billion Dollar Corporations, they don't get that offering a kid $10 refund of his registration cost would get them a million dollars worth of negative publicity!

 

[alien51]

What I don't get about these Billion Dollar Corporations, they don't get that offering a kid $10 refund of his registration cost would get them a million dollars worth of negative publicity!

Negative publicity only works if you don't have a monopoly on the business.

For example, Godaddy has a monopoly on rock bottom mind-blowing coupon codes. No elephant killing negative publicity will affect their bottomline.

 

[AEProgram]

You probably would fail in the "no legitimate interest" and "bad faith registration" criteria, should Microsoft decides to udrp you.

You are most likely going to be challenged as to why on earth you would register an obscure domain name like Windows10. You are not in the house window business. It would be very hard for you to deny that you did not know beforehand that there is a Windows 8 and it is "iterating" in numbers, since Windows is a globally recognized brand.

---------- Post added at 11:04 AM ---------- Previous post was at 11:03 AM ----------


Even if there is no such thing as Microsoft, that domain by itself sucks big time. It's much better to drop it.

I dont own that domain its owned by microsoft , I was just asking what you think of it trademark wise, hypothetical question

 

[alien51]

I dont own that domain its owned by microsoft , I was just asking what you think of it trademark wise, hypothetical question

I thought you were asking what you think about the domain if it wasn't trademarked. lol

 

[Name Trader]

Microsoft has bigger pockets than about almost anyone else on the planet. If they were to go after Windows10.com, and in all probability, they will. You are not safe being the seller of the domain to the infringing party. If they were feeling vindictive, they could go after you also. Big bucks there just in legal fees, let alone penalties. You won't find a pro bono lawyer to defend you

 

[alien51]

If they were feeling vindictive, they could go after you also. Big bucks there just in legal fees, let alone penalties.

Unless of course, you live in Crimea, Syria, Somalia, Iran, North Korea, or the lawless regions of Pakistan.

MS would probably need to ask the Navy Seals or Delta Force to serve you your warrant.

 

[gilescoley]

It is a TM and if MS want it, they will win the UDRP

It also depends on whether the owners plan on using it and whether they have TM'd the name for something else

There are thousands of TM'd names owned by other people (domainers especially) but it doesn't reflect well on you as a person.

Windows can be used with out words and still be infringing, if you used WindowsForum or WindowsSupport and used it for a tech support site or forum, you are blatantly infringing on their TM

 

[Domainerr]

Trademark reach is also a major factor, we all know the popularity of Microsoft windows..For windows10 its a clear case of trademark infringement. a bad faith registration with the clear intention of infringing microsofts upcoming operating systems....i will definitely delete this type of Domain names..

 

[johname]

The apparent owner of the domain has Windows® written on their developed main business site lol