Can a company that owns the trademark name....Shut a fan site down?

[Epoman]

So for example if I were to buy cokeacolasucks.com could they force me to shut the site down? That is just an example, I love COKE.

For example all of the "fan" sites like for IPOD or XBOX.

Can they legally force me to shut down my site?

Let's say I used no trademarked images or logos of theirs what-so-ever, I just have used the domain name.

- Epoman

 

[mitchelt]

Check out this site:

http://www.nissan.com/

 

[mugs]

cokeacola... seriously? I don't think they have that trademarked.

I don't know the answer to your question, sorry. It may depend on whether you attempt to mislead people into believing you are affiliated with the trademark owner.

http://www.templetons.com/brad/copymyths.html

You can't use somebody else's trademark in a way that would steal the value of the mark, or in a way that might make people confuse you with the real owner of the mark, or which might allow you to profit from the mark's good name. For example, if I were giving advice on music videos, I would be very wary of trying to label my works with a name like "mtv." You can use marks to critcise or parody the holder, as long as it's clear you aren't the holder.

 

[DrPizza]

As far as I know, they can't. I believe the issue was already answered in the courts. Courts ruled (IIRC) that it was protected 1st amendment speech, AND reasonable visitors to the site would obviously know that the site wasn't affiliated with the company.

 

[astrosfan90]

No. Google search "coke" and look at the second return.

 

[Epoman]

Any more opinions on this matter?

 

[axelfox]

Maybe the real question is: Can you afford to fight it?

 

[imported_Mike]

Originally posted by: axelfox
Maybe the real question is: Can you afford to fight it?

Exactly, legal or not, you'd be hard pressed to fight it out in court.

 

[Brainonska511]

Look at bestbuysux.org.

 

[Iron Woode]

Originally posted by: Brainonska511
Look at bestbuysucks.org.

lol

http://www.bestbuysux.org

 

[Brainonska511]

Originally posted by: Iron Woode

Originally posted by: Brainonska511
Look at bestbuysucks.org.

lol

http://www.bestbuysux.org

Already fixed it (my edit: 08/02/2006 at 01:58 AM, your post: 08/02/2006 02:00 AM)

 

[CanOWorms]

Sixth Circuit Supports Sucks Sites

Abstract: The Sixth Circuit (which covers Tennessee, Kentucky, Ohio and Michigan) held that a domain name holder's use of another's trademark in a 'fan' site did not run afoul of Section 1114 of the Lanham Act because of the presence of both a prominent disclaimer on the site disavowing any affiliation with mark owner, and a link to plaintiff's official web site. The domain holder's use of the trademarks in conjunction with the word "sucks" in the domain names of non-commercial complaint sites did not violate Section 1114 of the Lanham Act because there was no likelihood of consumer confusion arising from that type of use, and because such speech is protected by the First Amendment of the US Constitution. The Taubman Company v. Webfeats, et al., Nos. 01-2648/2725 (6th Cir., February 7, 2003).