Dominion.Domains

Trademark issue comes or not.

Labeled as question in Legal Discussion started by Umesh1, Apr 29, 2018.

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  1. Umesh1

    Umesh1 Established Member

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    Hello ,

    I am confused in this trademark thing, as i want to ask from you all, that
    if suppose a domain is already registered by someone and the site is also running from years name coolexample.com

    So when i go to registrar and searched for this domain, i got
    coolexamples.com . so if i buy it and try to sell it, then trademark issue will comes or not. or i can sell it easily without having any fear of trademark.

    *********can i run my own site also on this coolexamples.com or not*******
     
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  2. DNWon

    DNWon eCommerce Branding Specialist VIP

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    It's best to steer clear of domain names that may infringe on another's trademark.
     
  3. karmaco

    karmaco Active Member VIP

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    Short answer don't do it if the only difference is the S on the end of the domain. That makes it an easy hit for a trademark violation down the road. You know there is a trademark and is best to avoid registering it.
     
  4. Umesh1

    Umesh1 Established Member

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    yes i am also thinking the same, brother but what to do if suppose, i got the exact same name, with different extension.
    like coolexample.net

    then what u say about this.
    thx for ur reply
     
  5. stub

    stub Top Member VIP ★★★★★★★★★★

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    You should check the two largest trademark registry's in USA & Europe BEFORE you buy a domain. If there isn't a TM then you are good to go. If there is a trademark, ask yourself under what category the TM was filed. You can use the domain as long as you don't infringe on their trademark. Also, if there is a TM you should definitely not be parking the domain, because the advertiser is likely to be in the same business as the TM'd domain name, and it's easy to show that your registered the domain in bad faith.

    Your examples of alternatives, already show bad faith registration tendencies. The short answer is you really should not be registering domains in bad faith. You really need to know what you are doing, and likely to get into, if you infringe on somebody else's trademark. Overall, it could or could not be worth getting into. The best advice, usually, is to stay away. Unless you REALLY know what you are doing.
     
  6. Umesh1

    Umesh1 Established Member

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    ok grt, thanks for ur valueable advice, i appreciate that... yes i understand what ur trying to say, but sometime mind wont understand it, bcse when i see the marketplace, there i can many domains like these porn.com is sold and after that i have seen porno.com is sold.

    so how they are sold, this thing confusing the mind, as these are both in the same industry so in this way, why they dont fall under the TM category, are they don't infringe on each other trademark.

    Both porn sites is running, so this is the step i want to learn,

    as i know ur answer as u said above
    (The short answer is you really should not be registering domains in bad faith.)
    BUT WHY here we have a fear of TM issue in coolexamples.com

    I hope u got my point, what i am trying to say, rather than this i respect everything u said above.
    thanks
     
  7. Umesh1

    Umesh1 Established Member

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    thanks but what about these sites
    Porn.com
    Porno.com
    these are running from years online. so how we come to know, that are they infringed on another's trademark or not.

    and there are many more examples like that. this thing is confusing, As i know we can check the trademark issue on the sites, but still if they are in same industry, and having same kind of domain names, so why they are not infringing each other rights.

    thx, waiting for ur answer.
     
  8. stub

    stub Top Member VIP ★★★★★★★★★★

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    I imagine, that "porn" is such a generic name, that it cannot be registered as a trademark. Which explains why none of the TM's in the US Tess Database involving the word porn (just under 500 entries both alive and dead) are not for the word "porn" by itself. It needs to be qualified with something else.
     
  9. nomen

    nomen Active Member VIP

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    @Umesh1 A trademark doesn't come with a domain name. Most developed domain names are not trademarked. So if there's a site called uniquecar.com, and the owner of the site doesn't have a TM for "unique car", you can develop on uniquecars.com, myuniquecars.com etc. all day long.

    One has to apply for a trademark. One doesn't get trademark rights for a word, term, brand etc. automatically with a domain name.

    Hope that answers to your question.

    Edit: Not sure if I understood your concern correctly. Anyway...
     
    Last edited: Apr 30, 2018
  10. Umesh1

    Umesh1 Established Member

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    Thx my brother, u explained well.
     
  11. Umesh1

    Umesh1 Established Member

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    Thank god for giving such a grt reply, it helps a lot. Respect man.....due to u all members here, I M learning good stuff in namepros..I will come again with a new thread on TM, if something hit my mind again on this topic. Thx
     
    Last edited: Apr 30, 2018

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