Method Of Avoiding CopyRighted Names.

[freeuploadedfiles2]

There are names like Microsoft/ Google/ Yahoo and all other names which are trade-marked. If you want to buy a domains name with those trade-marked names you can not win those names in lawsuit.

But is the following method effective ?

Say, my name is "Johny Microsoft", so I have a natural right to register any domain with my surname = Microsoft. So if I register www.MicrosoftDomainName.com can Microsoft win a lawsuit for using their trade-marked "Microsoft" name ? Because my surname is "Microsoft", so do I have a natural right to register www.MicrosoftDomainName.com without falling in the copy-right/ trade-mark laws ?

Is that correct ?

 

[scandiman]

Good luck with that. Please let us know how much the attorneys fees are to defend your position.

 

[Skinny]

I don't think you have much standing. (I'm not a lawyer BTW).

See if My name was Bob Dell I couldn't take DellComputerStore. (Let's assume I set up my own computer store). This would infringe on the Dell trademark and they don't care about your name so you will lose.

You probably could have DellStrawberryStore.com because that doesn't infringe on their trademark, but Dell still could send a C & D if they wished.

(There was a case here in Canada about Barbie going after Barbie Resturant and Barbie won).

Skinny

 

[nombre]

See if My name was Bob Dell I couldn't take DellComputerStore. (Let's assume I set up my own computer store). This would infringe on the Dell trademark and they don't care about your name so you will lose.

i think's it about infringing, if the mark causes confusion, you will probably lose

seattle has a "starbuck's towing" and they are doing ok

 

[vslevin]

There are names like Microsoft/ Google/ Yahoo and all other names which are trade-marked. If you want to buy a domains name with those trade-marked names you can not win those names in lawsuit.

But is the following method effective ?

Say, my name is "Johny Microsoft", so I have a natural right to register any domain with my surname = Microsoft. So if I register www.MicrosoftDomainName.com can Microsoft win a lawsuit for using their trade-marked "Microsoft" name ? Because my surname is "Microsoft", so do I have a natural right to register www.MicrosoftDomainName.com without falling in the copy-right/ trade-mark laws ?

Is that correct ?

Funny related case: http://www.cnn.com/2004/TECH/internet/01/19/offbeat.mike.rowe.soft.ap/

 

[YesBrilliant]

Trademarked names Can co-exist when in distinct, non-confusing sectors. However, when they are quite confusing, no.

But what Microsoft is doing is simply shameful.

 

[Dave_Z]

But what Microsoft is doing is simply shameful.

You mean it's shameful of Microsoft to go after a kid who thought it was fun to
register a domain name that's potentially playing on their trademark?

 

[Archangel]

Trademarked names Can co-exist when in distinct, non-confusing sectors. However, when they are quite confusing, no.

But what Microsoft is doing is simply shameful.

True.

If your name is Johnny Microsoft, then yes, you can reg a domain with the TM since it's a legit name. HOWEVER, if you mix the term with a certain industry, you'll be screwed. If you have a chain of restaurants, MicrosoftEateries.com should be safe (MS are @$$holes, though, so you'll still hear from their lawyers, I'm sure). But if you owned, say, MicrosoftInternet.com, it's safe to say you'll receive a C&D.

Just my 2 cents.

 

[vslevin]

True.

If your name is Johnny Microsoft, then yes, you can reg a domain with the TM since it's a legit name. HOWEVER, if you mix the term with a certain industry, you'll be screwed. If you have a chain of restaurants, MicrosoftEateries.com should be safe (MS are @$$holes, though, so you'll still hear from their lawyers, I'm sure). But if you owned, say, MicrosoftInternet.com, it's safe to say you'll receive a C&D.

Just my 2 cents.

That's my belief as well. If you stay out of the company's own turf, then you are fine.

But you never know. Big corporations might still go after you.

 

[cache]

if you change your name to Microsoft or you name your kid as Microsoft, are you sitting
on a gold mine?

 

[Archangel]

if you change your name to Microsoft or you name your kid as Microsoft, are you sitting
on a gold mine?

I knew that would be asked eventually.

Answer: First name: possibly. There are kids named Espn (pronounced S-Pen) that were named after the sports network. What would happen if a guy named Espn regged/owned EspnPage.com? If the guy showed that he was using the name as a personal website, could ESPN's lawyers be sent after the guy? I think he'll be safe. I'd place money on that bet.

Last name? Again, possibly but only if the person showed a legit reason, in US courts, for the name change. If you requested to change your name from Jane Smith to Jane Ford with the reason being that Ford was your hubby's surname, then it'd be granted; as above, I'm positive the person could own JaneFordPage.com, despite having the Ford TM in it. If, however, you requested to change Joe Smith to Joe Microsoft, with no real reason for it, and then regged MicrosoftPage.com (assuming the name-change request was successful), Bill and his lawyers will surely come knocking on your door.