TM issues with PS3 domain

[danger9918]

I bought the domain ps3forum.org today and someone on another forum told me that I could face trademark issues .. is that true?

I checked the Sony corporate site and TM'd words are "PSP" "ps one" "dualshock" etc.

Ayway, does that mean PS3 is not trademarked.... so what do you think?

 

[nielsencl]

Even without looking at the SONY site I think most people would assume that if you misuse PS3 you are just asking for trouble. I did a search in Google and it turned up this page: http://www.us.playstation.com/PS3/About which indicates to me that PS3 is indeed a registered trademark. And the site also has a forums section.

I am not a lawyer or an expert, but I would not worry too much about using the domain if you take all possible steps to make sure that no one could be confused about being on a SONY site and include a disclaimer that states who owns the trademark(s).
If you have a good forum then it should only be a benefit to SONY. Of course you should consider removing any talk about things that violate copyright laws and links to warez sites and the like. Don't give SONY ANY reason to not like your site.

It wouldn't hurt to contact SONY and inform them of your plan to create the forum and that you would like to have their permission and know of any rules and guidelines they suggest you follow. They may not know how to deal with this and you may not hear back, or you may get back an rejection but at least you will know and have documentation that you were trying to do the right thing.

(If anyone thinks I have given bad advice on this, please send me a PM with any mistakes and I will revise my post asap. )

 

[muttley]

"PS3" is a registered trademark of Sony but I personally don't think you'll have a problem as there are plenty of PS3 forum sites about already.

europs3forum, ps3forum, ps3forums, ps3-forums, ps3lounge, ps3chat etc.

If you're worried you could put a disclaimer similar to this on your site:

PS3FORUM.ORG HAS NO OFFICIAL CONNECTION, AFFILIATION OR ENDORSEMENT FROM SONY CORPORATION.

"PS3" AND OTHER SONY PLAYSTATION RELATED BRANDS, MARKS AND LOGOS ARE TRADEMARKS OR REGISTERED TRADEMARKS OF SONY COMPUTER ENTERTAINMENT INC.

ALL OTHER TRADEMARKS, ARTWORK AND ASSOCIATED IMAGERY ARE THE TRADEMARKS, REGISTERED TRADEMARKS AND/OR COPYRIGHT MATERIAL OF THE RESPECTIVE OWNERS.

Just to cover myself - I'm not a lawyer and it's just my opinion

 

[DNQuest.com]

Here is a very easy test about TMs...

If you say the name to yourself, does it convey a company/product/service/person? Then they porbably have a TM, no need to search, you already know.

But legal/illegal infringement is solely based on actual usage.

 

[.Andy]

Even without looking at the SONY site I think most people would assume that if you misuse PS3 you are just asking for trouble. I did a search in Google and it turned up this page: http://www.us.playstation.com/PS3/About which indicates to me that PS3 is indeed a registered trademark. And the site also has a forums section.

I am not a lawyer or an expert, but I would not worry too much about using the domain if you take all possible steps to make sure that no one could be confused about being on a SONY site and include a disclaimer that states who owns the trademark(s).
If you have a good forum then it should only be a benefit to SONY. Of course you should consider removing any talk about things that violate copyright laws and links to warez sites and the like. Don't give SONY ANY reason to not like your site.

It wouldn't hurt to contact SONY and inform them of your plan to create the forum and that you would like to have their permission and know of any rules and guidelines they suggest you follow. They may not know how to deal with this and you may not hear back, or you may get back an rejection but at least you will know and have documentation that you were trying to do the right thing.

(If anyone thinks I have given bad advice on this, please send me a PM with any mistakes and I will revise my post asap. )

That is correct I couldn't say it better myself. I have explicit permission to have an itunes forum as well s a few others. Most company's do not mind as you put something like " itunes is an official trademark of Apple inc and not ####.net We are in no way affiliated with Itunes or Apple *

Thats just an example but be prepared and oppen to put a msg like that on your site.

 

[labrocca]

Sony don't care as long as you actually make a serious site and don't park it or redirect it to competition or pron.

I have ps3talk.com as well as a number of gaming forum names some with direct TM names. If they want my sites...let them come get them. They won't destroy the communities of fans it's as simple as that.