Questions regarding trademarks and domain names

[Schrodinger]

Hey everyone

I've been lurking in the Hardware forums for a couple months. Had a couple questions about trademarks and domain names and figured I could ask in this forum.

Say you are developing a program that has a long expanded name (eg. Can O Kangeroo Ears). When you look at the acronym (COKE) it is the same as a legally registered company (a big one who is recognized from its name).

Can you register this domain for your project ? It will have an added "networks" on the end of the domain as to distinguish. The domain is meant to orchestrate the satellite communications between offices (using a web service) if you are curious. So it will be COKENetworks.com.

It has nothing to do with the company at all (so it can't defame them).

Thanks!

 

[Schrodinger]

Bueller?

 

[FoBoT]

i like key lime pie

 

[DaveSimmons]

They can probably lawyer up and bankrupt you if they feel like it.

 

[Schrodinger]

Originally posted by: DaveSimmons
They can probably lawyer up and bankrupt you if they feel like it.

That is so stupid...

It wouldn't even be a public website (just for a web service).

Damn intellectual property, trademarks and overreaching stupidity!

 

[acemcmac]

just remember mike rowe software

i forget if mike rowe won that....

 

[Schrodinger]

Originally posted by: acemcmac
just remember mike rowe software

i forget if mike rowe won that....

He did win. But it was only because of public outcry and support for Mike. If he was a nobody and didn't have a Slashdot article he would have been toast!

 

[lizardboy]

Short version:

As long as you're not using the name "Coke" in any way, even in Meta tags to get people to your site, you should be fine.

They have 2 ways to try to get the name back from you:

1) Hearing through ICANN (or whatever it's called), as long as you're not acting in "bad faith" you should be ok.
2) If you're in the US they have a right ot sue you in court for both the return of the domain name and for damages. Again, if you're not acting in bad faith you should be ok.

Don't put anything on there that's related to Coca-Cola and you should be OK.

EDIT - after thinking about this some more, and reallizing it would be COKENetworks, that's actually kind of close. Coke definitely has a trademark on "Coke", you're gonna have to show some legitimate right/use to that name.

It's late and I'm brain fried, I'll try to clarify tomorrow.

 

[RossMAN]

Originally posted by: DaveSimmons
They can probably lawyer up and bankrupt you if they feel like it.

Yep.

 

[Schrodinger]

Originally posted by: lizardboy
Short version:

As long as you're not using the name "Coke" in any way, even in Meta tags to get people to your site, you should be fine.

They have 2 ways to try to get the name back from you:

1) Hearing through ICANN (or whatever it's called), as long as you're not acting in "bad faith" you should be ok.
2) If you're in the US they have a right ot sue you in court for both the return of the domain name and for damages. Again, if you're not acting in bad faith you should be ok.

Don't put anything on there that's related to Coca-Cola and you should be OK.

EDIT - after thinking about this some more, and reallizing it would be COKENetworks, that's actually kind of close. Coke definitely has a trademark on "Coke", you're gonna have to show some legitimate right/use to that name.

It's late and I'm brain fried, I'll try to clarify tomorrow.

Yeah The whole idea for COKENetworks would be that CanOKangerooEarsNetworks.com is longer and more difficult to remember. In the case for my real project name it would be even longer.

*sigh*

Could always rename the project but that'd be a b****

Edit: If it makes any difference the project would never go by the acronym in the domain name, it would always go by the expanded name. I guess that still doesn't matter with regards to foaming-at-the-mouth lawyers.

 

[Harvey]

Go to the U.S. Patent and Trademark Office.

START HERE! >> Where do I start?

Also, see Basic Facts About Trademarks

 

[CptObvious]

The main test with trademarks is likelihood of confusion - whether the relevant class of consumers would likely be confused as to the source of the trademark. That domain name might prompt a cease-and-desist letter from Coca-Cola but I honestly don't know if a court would find a trademark violation.