Nascar ?

[Grrilla]

There are, at least, a few NP members that have domain names using NASCAR as part of the base term. In a current appraisal thread, NASCARforum.com, NASCARbar.com and VirtualNASCAR.com have all come up.
Relative to TM issues, there are two levels I'd like to address:
1) Legal- What is the letter of the law as it pertains to using NASCAR as part of a domain name for a website?
2) NASCAR's stance- what is the actual NASCAR position and their enforcement practices regarding "NASCAR" usage. I went back to an old thread as I recalled that one member, JohnN, was using the term and appeared to have NASCAR's blessing: http://www.namepros.com/showthread.php?t=16070&highlight=nascar
Comments? Experience?

 

[Mark]

I haven't actually had a Name with "Nascar" in it - But have had several "Driver" sites in the past. It took me forever to contact anyone within their individual companies that actually knew or would say Anything. - The one that answered somewhat Said that the individual Driver didn't mind the typical fansites etc ... - But still referred me straight back to "Nascar" as they are all contractually bound to them. It seemed from the Driver(s) POV - as long as you only used licensed material on your site , it was OK.

I don't really find much on their affiliate site though -

http://store.nascar.com/affiliate/index.jsp

 

[Mike_Wiseman]

so what are u saying? if u use nascar in ur domain u will get sued?

 

[EricH]

so what are u saying? if u use nascar in ur domain u will get sued?

That's a toughy. It's a "maybe" type of thing.

A. They like your site = probably won't care
B. They don't like your site = They will try to muscle you into closing down
B1. You can easily back down
B2. You can put up a fite and may very well win (but at $$ expense)

I don't recall the actual site and/or owner, but I recently read somewhere (sorry brain has escaped me), where a man had a site devoted to an NFL team and/or it's owner. It had the Onwer/Team's name in the URL. He was asked to remove it because it was a "sucks" type of site. He used the same laws that Larry Flynt used which were the parody laws of the 1st ammendment. All in all, it came down to: he had to stop using the teams colors and a "version" of the teams mascot, but he was able to keep the site... after a long battle.

So, you may be able to keep the site... if you're willing to put up the fight.

I will see if I can find the above mentioned article. If anyone knows of the article to which I am referring, please feel free to step in.

 

[dgridley]

There are many instances like this.. change the names, but the story is the same.. avoid TM issues or face potential losses.

I will see if I can find the above mentioned article. If anyone knows of the article to which I am referring, please feel free to step in.

 

[Grrilla]

I don't really find much on their affiliate site though -

The affiliate angle is interesting. Will have to look into it. Working with, (when the option is avail), would always be preferrable to working against, (or around).