Quick legal question: having company name on domain

[Q]

If I have a site, such as "www.microsoftforums.com" or "www.hondatalk.com" (totally just made those up) , is there any legal problems using the name in there if on the site I say "Unofficial"?

I don't see why but just asking. I mean, there's a http://chevroletforum.com and looks OK to me, heck they are even using logo

 

[Dirigible]

The company may come after you for trademark infringement. Or they might not. If they come after you, I don't know if you'd win or not, but I do know you wouldn't want to pay the legal fees involved in finding out.

How's that for a useless answer?

 

[Q]

The site is just going to be a forum, so it technically promotes the company..
I mean, come on, look at Paypalsucks.com They use the company name and logo, and it's negative but it's still up.

 

[OpenThirdEye]

One of my buddies bought AVAYAlated.com...they haven't gotten any flack..........yet.

In case you can't tell...he hasn't had such a great time dealing with them.

 

[Q]

I don't get it

 

[jjones]

Any company that registers a trademark has the right to protect their trademark and has the right to notify you that your domain name is infringing upon their trademark. Why? If your domain name has the potential of confusing the public into thinking the trademark holder is somehow affiliated with your web site, they may bring infringement claims against you. The courts would have to make the decision based upon the trademark laws and if your domain name, in fact, has the potential of confusing the public.

from here: http://www.web-source.net/trademark.htm

And that's the way I've always understood it. So yes, the chances might be good that it's trademark infringement because it could easily confuse the public that you are the official forums for the company.

 

[Nocturnal]

Everyone says that it's very risky. It more often than not isn't worth it either.

 

[sjwaste]

You're using their mark, so they can come after you. However, a company generally doesn't if you fall into a protected speech category. For instance, you host enthusiast forums, or (more negatively) have a *sucks.com site and post legitimate criticism. Most of the time they'll leave you alone, or if its really negative, buy the domain.

However, if you put up a site like chevyforums.com and use it as a landing page to host banner ads, they will probably send you a letter. After all, you're using their mark to earn ad revenue.

Does this help?

EDIT: This post isn't to be taken as legal advice, only your attorney can provide that. (Hey, I dont wanna get sued!)

 

[Q]

I might just email them and ask.

First thing they would do though, is just contact me and tell me to stop/get rid of it though, correct?

 

[Bryophyte]

Microsoft isn't going to let you use their name.

 

[Aluvus]

Originally posted by: Quintox
The site is just going to be a forum, so it technically promotes the company..
I mean, come on, look at Paypalsucks.com They use the company name and logo, and it's negative but it's still up.

http://www.paypalsucks.com/domain-name-disputes.shtml

Pick a lawyer in advance just in case.

 

[George P Burdell]

It's allowed (under the First Amendment, I think) but you NEED to talk to a lawyer.

 

[George P Burdell]

Originally posted by: George P Burdell
It's allowed (under the First Amendment, I think) but you NEED to talk to a lawyer.

NOTE that I'm talking about paypalsucks and the other website dissing Walmart. About your case, I have no idea.

 

[lizardboy]

Bottom line:

1) Can't have registered/be using in bad faith.
2) Can't be making money.

They can either go through ICANN arbitration (quick & cheap) or US Legal System (can't remember the statute). US Legal system allows them to get damages. ICANN just decides who gets the domain.

EDIT: This post isn't to be taken as legal advice, only your attorney can provide that. (Hey, I dont wanna get sued!)