Ps3 trademarked?

[ridesign1]

I know sony is obviously trademarked, but if I wanted to but a domain with ps3 in it, e.g. myps3.com would i have legal issues, if the site was realted to the sony ps3

thanks

 

[labrocca]

It's unlikely you will have TM issues imho. Sony wants there to be fan sites. Generally speaking the PS3 fan sites help them. However it appears Sony has a ps3 trademark that is live. Legally they COULD go after you. I did a WIPO search though and not 1 single entry was found for "ps3".

Now you understand the risks hopefully.

btw- Make sure to add disclaimers that PS3 is a trademark of Sony and you are in no way affiliates. Make sure you don't use "official" as part of your site tag lines like "official PS3 Fansite" or something similar. It's better to say unofficial if anything. Even if you have PS3 in the name you could protect your site from losing a WIPO by maintaining that your under "fair-use". Which is more complicated to explain here.

 

[DNQuest.com]

why would you register a ps3 name?????? Is it because you heard Sony IS releasing a ps3 system??? Let's think now.......... YES, there will be TM issues... ugh

If you register a domain because you heard of a company product, you ARE infringing on their TM. So you can be considered registering in bad faith.

 

[ridesign1]

btw- Make sure to add disclaimers that PS3 is a trademark of Sony and you are in no way affiliates. Make sure you don't use "official" as part of your site tag lines like "official PS3 Fansite" or something similar. It's better to say unofficial if anything. Even if you have PS3 in the name you could protect your site from losing a WIPO by maintaining that your under "fair-use". Which is more complicated to explain here.

Thanks for your replies, that helps out alot
much appreciated

 

[labrocca]

why would you register a ps3 name?????? Is it because you heard Sony IS releasing a ps3 system??? Let's think now.......... YES, there will be TM issues... ugh

If you register a domain because you heard of a company product, you ARE infringing on their TM. So you can be considered registering in bad faith.

Not 100% accurate. If you want to have a fan site or promote their product. Or even possibly criticize their product those are viable under fair-use. It's basically when you turn the site into a commercial endeavor that infringement becomes quite obvious.

 

[DNQuest.com]

I know sony is obviously trademarked, but if I wanted to but a domain with ps3 in it, e.g. myps3.com would i have legal issues, if the site was realted to the sony ps3

thanks

Read his above statement.... Inventing a reason for using a TM domain (as you suggested) and having and actual reason for using a domain are completely different. WIPO decisions have used intent at time of registratioin as a reason for good faith/bad faith registration. Adding a disclaimer will do absolutely nothing in the eyes of the law. Plus, it shows that you are knowingly using a TM without consent.

He is asking if he has legal issues... the answer is a resounding yes!!! there is no getting around it. period.

This subject is soooo googleous...

 

[Dave_Z]

He he he, relax guys. ridesign1's asking if there'll be legal issues, so at least
s/he knows the answer's yes. Whether one will occur will be up to him/her.

 

[labrocca]

Read his above statement.... Inventing a reason for using a TM domain (as you suggested) and having and actual reason for using a domain are completely different. WIPO decisions have used intent at time of registratioin as a reason for good faith/bad faith registration. Adding a disclaimer will do absolutely nothing in the eyes of the law. Plus, it shows that you are knowingly using a TM without consent.

He is asking if he has legal issues... the answer is a resounding yes!!! there is no getting around it. period.

This subject is soooo googleous...

I disagree. I think you need to familiarize yourself with fair-use. PS3 is NOT an internet trademark. It's usage is important. I would like to hear what Jberryhill on the issue. If you reason to register the name is because you are a big fan and want to have a place to discuss the system with friends that's actually legal. I agree that winning a WIPO in that case may not be easy and I agree that a PS3 name is a TM issue. I just don't agree with your overall statement that just because it has PS3 in the name it's a loser.

 

[DNQuest.com]

We can agree to disagree, but "fair use" is more of a "public domain" challenge (and I don't mean domain as in domain name), not a commercial product. Fair usage would apply to brucespringsteen.com or patbenetar.com, not a commercial product name. I will agree that if you use PS3 for a "real" forum type site (no ads, no adsense, no making money whatsoever), you may not be disturbed. But that does mean it is legal to use it in such a manner. Don't confuse legal, moral or what is right....

Getting back to the orrigianl question, yes, there are legal ramifications, will they be excersized? that is another question.

 

[The-YoungLat]

i believe that you can use it because i've heard on many with ps3 in there domain names.

 

[labrocca]

http://copyright.iupui.edu/checklist.htm

I just found this and thought it interesting.

 

[jdk]

I have ps3discussion dot com and I have never had any issues.

 

[ridesign1]

thanks alot for all of your replies, it has been very helpful.

+ have a happy holiday and happy new year

 

[MadAboutDomains]

Sony has myPSP.com... I suspect that they might just want it for their PS3 console... if you owned it, I would be careful!

 

[Amano]

the way i see it, there will be problems, it'd be wise to just decide on another name

 

[ridesign1]

thanks alot for your replies to everyone, you have been most helpful

and every have a great christmas and a happy new year

thanks

 

[Alex222]

ps3 is not a good one. doesnt matter at all. u should use another one. i think u can find another better one.

 

[Xerox]

i have sony ps3 dot be

 

[Element]

As long as you say you are not related like Jesse said, you should be fine.

 

[ridesign1]

thanks for your replies, I will certainly keep it all in mind,

Once again have a happy christmas and new year

 

[Amano]

Maybe there won't be problems now, but there probably will later.

The same to you.

 

[Refrozen]

OK, when registering a domain think about it like this:
"Am I registering this domain to make a site regarding a product, brand or otherwise?"
If so, ask:
"Is the products name in the domain?"
If so, you're probably commiting a TM infringment.

 

[ridesign1]

thanks,
does anyone have the icann webaddress which details each of the legal infringement cases for domains and any outcomes?
(I had it but lost it)

thanks

 

[DNQuest.com]

As long as you say you are not related like Jesse said, you should be fine.

wrong, try again.

thanks,
does anyone have the icann webaddress which details each of the legal infringement cases for domains and any outcomes?
(I had it but lost it)

thanks

http://arbiter.wipo.int/domains/decisions/index-gtld.html

 

[ridesign1]

Thanks for the url DNQuest, just what I was looking for rep added