Trademarks and Domain Hacks ??

[nombre]

anybody care to guess whether domain hacks will withstand cease and desists from trademark holders

if you have a domain that is a trademark but is registered in an obscure country and isn't a direct trademark ripoff

e.g. if there was an .le tld then you could get http://app.le

i can see both side of the argument but my guess is that it would go to the trademark holder

naturally i have a couple of ideas ....

any opinions?

 

[Dave_Z]

There's no hard fast answer for this.

These potential disputes are fact-intensive. It'll depend on any and all facts
presented to and evaluated by the dispute resolution provider should it come
to that point.

 

[AdoptableDomains]

I would say intent is a big portion of your answer. if you registered app.le and used it for anything related to competing with apple computers or music, I'd say you are wasting your money. Use it to sell fruit, computer app's, or as an APP aconrym and you might be okay. if there was no generic use of the base and the TM relation was blantant and ovious like toysr.us or microso.ft, then you would probably have a hard time convincing a UDRP panel that you didn't see it as a potential infringement of the obvious and well known TM.

 

[Sam]

im not very fluent with tm laws... but isnt the dispute about the NAME itself (without ext). Thus, apple wouldnt have much of a case with app.

dunno.

Sam

 

[nombre]

im not very fluent with tm laws... but isnt the dispute about the NAME itself (without ext). Thus, apple wouldnt have much of a case with app.

this is what makes it so interesting

would the judge be techhie enough to look only at the 2nd level domain OR would he look at what's typed into the browser ?

there is a lot of room to maneuver here

what if i could go to my browser, erase everything back to the http:// and quickly type in app.le ...... not as fast as clicking in the address bar and typing in apple but pretty close

i would guess that adoptable has it right, if you stay away from similar uses, you'd be ok

though i do count 854 live trademarks of the word apple ... maybe that confirms adoptable's point though