Translated names breach Trademarks?

[TIJH]

Hi everyone,

after my mishit with MahjongCook I thought I'd seek some advice before I register anything that might by dodgy.

I've found a free .com , that receives 200k+ exacts per month but it is the translation of a popular US TV show here in Germany. Assuming, registering the TV show in English would be a bad idea, what about the name in a foreign language?

 

[TIJH]

Anyone with any advice?

 

[Sparhawke]

I would say it is a bad idea.

Like Mahjong Cook your intent will still be clear, you cannot translate something like Baywatch into Austrian as an example and hope to get away with it. (Especially as Austria is landlocked which would make the whole watching the bay somewhat unnecessary lol)

A trademark is still a trademark regardless of what language you use.

 

[TIJH]

Interesting. I've checked and the makers have the original trademark in English Europe/World wide but they've not bothered with the translated versions which might be because it is down to the channels themselves whether they translate them (some shows are shown in English with German subtitles, others are translated).

 

[Kate]

Forget the laws and use common sense.
How exactly are you going to use that translated domain ? Don't you think you are going to piss somebody off down the road ?
Try to find original ideas or generic keyword combinations.

 

[liquidcherry]

(Especially as Austria is landlocked which would make the whole watching the bay somewhat unnecessary lol)

PSSST, don't tell the austrians that, they don't know this yet...LOL, your comment made my day and i agree with you in regards to the posters question...

Cheers

Liquid

 

[TIJH]

Forget the laws and use common sense.
How exactly are you going to use that translated domain ? Don't you think you are going to piss somebody off down the road ?
Try to find original ideas or generic keyword combinations.

I don't think the question is if I'd piss anyone off, it's whether it would be illegal, courts don't generally ask parties how pissed off they are and I can't foresee it being terribly difficult for a .com to pay for itself with 250k exact searches per month.

Either way, I think I'll just leave this one alone.

 

[DU]

Trademarks are just that. Trade :marks: They are not trade :words in all languages at once:.

Apple does zero business as Pomme or Apfel.. why would they own that ?

You could own BayWatch in French and have no problems - however, you couldn't produce a show featuring a Hoff-a-like and Pam running around on a beach - not because of the name but because of the show.

I would wonder why it has that many searches though without an active reason....

N.B. I'm not a lawyer, I only pretend to talk like one occasionally

 

[enlytend]

Just because a term has 250K exact searches doesn't mean any of them will end up on your site, .com or not. Even less likely if it's a parked page.

I don't think the question is if I'd piss anyone off,

Aside from any legal action it might prompt them to take, the company you piss off today could be the big sale you lose tomorrow.

 

[jberryhill]

Think about what I said in the other thread about goodwill.

What is it for which these people are searching?

WIPO Domain Name Decision: D2005-1085

 

[npcomplete]

Random Advice:

If you have to ask yourself whether it is wrong, and that you might get in trouble, then it is, and you will.

"You heard it on the Internet".

Edit: At least that's the way it usually turns out for me...


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