Violate domain laws?

[svisual]

I did something entirely on impulse a few minutes ago and purchased a domain with a certain game title part of my domain name.

Then I remembered something about the possibility of violating domain laws with regards to using trademark names and such.

How do I REALLY know if i'm violating these "laws"?

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[Gene]

Generally speaking, stay away from using any product names. You should also research to see if there are any trademarks: http://www.uspto.gov/

Even if it's not trademarked, you need to avoid names that are obviously being used in the marketplace, or get written permission from the company before using.

Common sense goes a long way to avoid trouble (or lawsuits).

 

[svisual]

I registered the domain cos I love the game and I thought I could put together a little game guide for enthusiasts alike. It was only after I paid for it when i realised i may be in violation of trademark laws.

In the case that I am REALLY in violation, what happens?

Will the company who owns the TM contact me?

If so, what happens and what do I do?

 

[newms]

The way I understand it, if you have a genuine fansite or a "protest" site (without making ad revenues from the specific product name) then you should be ok. However, if you use the site to promote a similar product or to gain revenue from the game's name (such as adsense ads about the game) then you would be in violation of the "fair use" principle. In either case if the game company were to contact you, they would send a "cease and desist" letter. If you continued then they would probably file a UDRP, and if they are successful then the domain would be transferred to them. If they feel especially aggrieved by your use of their trademark then they *could* sue you...so in general its best to stay far away from names with TM.

 

[Gene]

The best thing to do is to contact them, let them know what your intentions are, and if you're lucky they'll give you permission to use it. Or, they may demand that you give them the domain. Some companies aggressively protect their trademarks, and others don't really care. If you're profiting in any way by using the trademarked name, that's when they pay more attention.

In most cases, if the company doesn't like what you're doing with the domain that contains their trademark, they'll just ask you to stop and/or hand it over. But nobody can tell you whether or not they'll sue you over it.