What is an illegal domain name regarding trademark?

[jason830]

I have registered domain names for an upcoming release of a product. The release has been known for quite some time and surprisingly, the domains were available. I would like to know if there are certain domains that are illegal, if I'm planning to offer a service related to the products trademarked name.

 

[Dave_Z]

It's already been discussed here before. Anytime you register a domain name of a product or service, especially a long-term, commercially-successful one used also as a trademark, to make money off of that mark, you risk losing it.

 

[DU]

It's already been discussed here before. Anytime you register a domain name of a product or service, especially a long-term, commercially-successful one used also as a trademark, to make money off of that mark, you risk losing it.

Mostly true however, things get a little murky if...

I'm planning to offer a service related to the products trademarked name.

In which case you can incorporate the name in the domain but it has to be a bonafide business, focus primarily(ish) on that product and it would be recommended that you consult with a legal professional before doing so if you intend to use this as a service.

I think for example you could setup "Apple/IPad/Repair/com" if you were an Apple IPad repair shop .. but not so likely if you were a "Electronic Repair Man".

If you're going to invest capital in anything consult a legal professional - though Dave seems to be pretty knowledgeable and somewhat of an expert round these here parts.

 

[exsedo]

My opinion is that even for a service you would need the explicit permission of the Tm holder. Anyone can open a dispute for any domain, and, in a case where you are using the full TM in a domain name, the odds must be in favour of the Tm holder winning. You may have just saved the company some work and registration fees.

 

[CAMOTA]

DO NOT FORGET !
The trademark has to be registered in the country you market your services.
Trademark is NOT Universal.
If you ever registered a trade mark, you probably know.
The same goes for Patents and Industrial design.

Some examples I can think of:
nissan.com
If you think that Nissan Corporation owns this domain - think again.

 

[Sparhawke]

Quite frankly I would not bother either way, any kind of TM domain is bad news regardless of whether you go through the months of paperwork and legal bovine scat, even if you do have their permission because all they need to do is wait until you build up the domain to a high level and then pull the rug from under you; for near enough any reason.

You will not be able to sell it, you will not be able to profit from it, and you will not be able to promote anything else so what is the point?

Keep away from trademark domains of any description regardless of usage is my advice and stick to generics since you will do far better out of them.

 

[GiftedDomains]

why all the trouble with TM domains, if you can make money with all other type of domains without having sleepness nights?

in 99% of the cases (for instance those TM names presented for appraisal here), i even don't see any additional benefit of the TM that would increase the value and therefore justify (lets ignore the moral part for a second) such a risk, and therefore i don't understand why people think that there is gain of an advantage if they register these names.

 

[labrocca]

Domains are not illegal. It's their usage that can be illegal. This is why you can register any domain.