Zillions of iPhone Domains Registered - What About Trademark Issues?!

[$$Domainer]

I have seen almost every imaginable iPhone domain name being registered like iPhoneCop.com, iPhoneGuru.com, iPhoneComplaints.com and loads of others. But what about trademark issues? iPhone is a trademark of Apple. Steve Jobs has said he will do whatever necessary to protect the brand--so aren't people with iPhone names taking a huge risk of being sued by Apple??

Furthermore, who would buy any of these iPhone names anyhow knowing that they could be sued by Apple?

It seems that both the people registering the iPhone names , as well as anyone who buys one of these names from the original person who registered the name, could get sued by Apple.

Am I missing something? There are some iPhone names I would like to register but why take the risk?

 

[Michael]

One word... ignorance. They're trying to make a quick buck flipping it while there is a lot of hype, and hoping they slide in under Apple's radar. Honestly, it's more likely you will get away with it than you getting sued, unless of course you register something obvious like iPhone.de or the like.

Not worth the risk in my opinion, but some people are hard up for cash and will take pretty much any risk for a quick buck.

 

[Dave_Z]

Just wait and see.

 

[Peter]

I've told you a million times stop exaggerating.

Some of the domains registered will have been registered in complete ignorance. Not everyone understands trademark laws etc (or even have any grasp at all). Others will have registered in the hope of making a quick buck before apple come after them, this of course is a dangerous game to play but they are trying to play the odds that apple will not take it any further than a wipo (or even take it that far if they agree to give up the domain).

And you are right the person who buys the domain as well as the original owner could be sued if legal proceedings occur hence why when you get a c&d they are happy to point out your liability and suggest you not try selling the domain on.

 

[Name Trader]

Interesting. I just did a search of the USPTO and couldn't find an iPhone trademark owned by Apple. So those iPhone names registered before the launch are probably safe from trademark infringement, just so long as they don't have a website related to iPhones

 

[Peter]

Interesting. I just did a search of the USPTO and couldn't find an iPhone trademark owned by Apple.

The following may be of interest:-

http://www.appleinsider.com/articles/06/10/16/exclusive_apple_seeks_rights_to_iphone_trademark.html

http://www.theregister.co.uk/2007/01/17/cisco_iphone_trade_mark_under_threat_in_us/

As a side note you do not have to register a trademark. You could claim it through use. But of course registering it gives extra weight.

 

[Name Trader]

So it looks as though the cut-off date is somewhere around Sept 2006. iPhone domains registered before that and not infringing on Apple trademark rights should be safe from reverse hijacking.

Just in case, I'm going to move my iPhone domain (regged before that date) to a "safe" registrar and remove all phone content from the site.