Trademark Question

[r72gs]

If this was covered before I didn't see it. I'm sorry if it's a repeat.

I see lots of websites let's say like "bobsmustangparts.com". It would seem to me that Bob is making money off of Ford's trade mark. I don't know if Bob pays Ford a royalty but I don't think so. Of course Ford is making money off of Bob selling Ford parts.

I read about Apple and the Ipod domains Ilounge etc.Yet I do still see alot of use of company and product names in domain names.

Now the question, Are these use of trademarks basicly up to the company if and when and if they decide to take action?

 

[Ronald Regging]

If this was covered before I didn't see it. I'm sorry if it's a repeat.

I see lots of websites let's say like "bobsmustangparts.com". It would seem to me that Bob is making money off of Ford's trade mark. I don't know if Bob pays Ford a royalty but I don't think so. Of course Ford is making money off of Bob selling Ford parts.

I read about Apple and the Ipod domains Ilounge etc.Yet I do still see alot of use of company and product names in domain names.

Now the question, Are these use of trademarks basicly up to the company if and when and if they decide to take action?

In the example you give, I think it would be fine. The likelihood of it causing confusion amongst consumers is next to zero. No reasonable person would assume that bobsmustangparts.com was an official site owned and operated by Ford. The TM in the domain is being used more as a description of the products being sold. And in a case where they exclusively sell mustang parts, there would really be no other way to describe what they are selling without using the TM.

Though, as I said, I think your example would be acceptable, you really have to understand that legally there is a huge difference between bobsmustangparts.com and ilounge.com...

One has almost zero potential to be confused by consumers and mislead them, while the ilounge.com example certainly does have that potential.

To answer your question more generally.. I think it's a very shaky area to get into and I would recommend you don't if at all possible.

 

[r72gs]

The reason that I ask is because I have heard Ford is doing just that.

 

[DNQuest.com]

There are many things involved here. Legally, they are infringing. Now, if the domain is used i conjunction of descriptive services, they may have an argument for usage of the name. Now, if the site offers Adsense and advertises more than the scope of the usage of the domain, or if the ads are for competitors products, then that could be beyond the scope of descriptive. Usage will play an important part here. So if Bob Ford Parts is the name of the business and he only sells Ford pars, he can claim legal usage. But if it is a portal site to Ford dealer, service centers, parts, then they may not have standing since it is purely commercial with no bona fide services given.