Trademark question about some terms

[gcttirth]

Hello all!

I just thought of creating a fan site for xbox console, and I found that the term "xbox" has 100% probability of TM issue from Microsoft.

On the other hand, I found some xbox domains like "www.xbox720releases.com".

My question is, does microsoft have any issue for xbox related domain names? Will I be in any danger if I purchase one? Same with terms like "microsoft points" and such.

Thanks in advanced,
gct

 

[smurge]

Great questions and you will get a variety of answers about this. However, let's just cover the legal aspect of it.

Legal: Microsoft can 100% take that domain from you at any time for any reason. No matter how you try to fight it's theirs. So, if you buy it just understand that you have zero chance of keeping it "if" Microsoft want's it back.

Other Side:

You are not buying the domain to hold against them and make money from them. You are going to create a fan site about their products and how much you love them. I as Microsoft would have no problem with this. However, if you start promoting SONY and it grows to a massive level then I would .


Now if you are buying those names to try and resell them you are going to be in for a bad time.

What happens if you do get one of these and they want it back. They will file a claim with WIPO, you will be required to give it up and lose any money you paid towards that domain.

If Microsoft really want's to be jerks, they can sue you for lost revenue, etc but I have not seen that done to anyone. Typically it's just giving up the domain and going about your business.


Hope this helps.

 

[gcttirth]

Thanks for your informative post, smurge. Really appreciate it.

What if I have to open a site that provides "free microsoft points" or "free xbox" by completing offers or maybe by participating in a lottery or something? Will it be legal?

I'm thinking to advertise it through word of mouth and forum posting only, what are the chances of Microsoft taking legal orders against it?

Thanks again,
gct

 

[ecalc]

From the horse's mouth:

Do not use or register any Microsoft trademark, including Microsoft logos, symbols, icons, or any potentially confusing variation thereof, as part of your company name, trade name, product name, service name, or domain name.

source: http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/Usage/General.aspx

You're playing with fire. Mr. Softee can make your life a living hell difficult … http://www.udrpsearch.com/search?query=microsoft&search=parties&start=1

 

[gcttirth]

Thanks for your informative post, smurge. Really appreciate it.

What if I have to open a site that provides "free microsoft points" or "free xbox" by completing offers or maybe by participating in a lottery or something? Will it be legal?

I'm thinking to advertise it through word of mouth and forum posting only, what are the chances of Microsoft taking legal orders against it?

Thanks again,
gct

That looks scary!! :o

I will rather not go for it, thanks for giving me the information. Also thanks for that link, it will come handy for me!

Thanks again,
gct