Domain name with MapQuest in it...ILLEGAL??

9 replies
I just registered a domain that contains the word mapquest in it. This is a great domain name and I cant beleive it wasnt taken.

I have plans to build up the site but have also thought about just flipping the domain for some quick cash.

Would I be infringing on any copyrights here?
#domain #itillegal #mapquest
  • Profile picture of the author Steven Carl Kelly
    Copyright wouldn't be the issue here, but rather trademark infringement. I have domains with brand names in them and so far have never been approached about them. If I were approached by the trademark holder, I would surrender the domain if requested.
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  • Profile picture of the author djbill
    I once bought a domain name with the word EBAY in it. The next day I received an email from them saying that it was trademark infringement

    The domain was http://www.EverythingIsOnEbay.com/

    So I was forced to not use it and let it expire.

    I guess it depends....I do own some domains with other business names in them....

    Peace, DJ Bill
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  • Profile picture of the author Dan C. Rinnert
    Originally Posted by GoPeterB View Post

    I just registered a domain that contains the word mapquest in it. This is a great domain name and I cant beleive it wasnt taken.

    I have plans to build up the site but have also thought about just flipping the domain for some quick cash.

    Would I be infringing on any copyrights here?
    As Steven Carl Kelly mentioned, the issue here would be trademark infringement. And that would depend on what the domain name is and how it is used. If the MapQuest name is what gives the domain its value, then it is most likely going to be a trademark issue.

    If it's something like mapquestions.DOM, it could be less of an issue. Such a domain could be used for something like geography lessons for school kids--something which would possibly not pose an issue with MapQuest, since it's a different niche and not necessarily confusingly similar (though that determination would be left to a judge or jury in the event of a lawsuit).

    But, if it is something like MakeMoneyWithMapQuest.DOM, then that is much more likely to pose a problem.

    If you plan to just flip the domain, without developing any content for a site, you are more likely to end up in trouble as, it appears, the value in flipping the domain name is through the use of the MapQuest name.
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  • Profile picture of the author Steadyon
    You are asking for trouble.
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  • Profile picture of the author GoPeterB
    yes, I meant trademark infringement. Sorry.

    my domain name consists of the niche+mapquest.com

    The name of my site would not have "mapquest" in the name. It is "nichemap" and then "quest"...which separates the trademark into another word. If you know what I mean.

    The idea for my site is very similar to mapquest but at the same time is completely different. There needs to be something out there like this. It is a great idea. I wonder if I should approach mapquest with the idea and ask them to sign an NDA??? I wonder how that would go over.

    I have no problem selling the idea to a big company. It would benefit them.

    This would be something that a large company would be able to take and run with and turn into something big.
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    • Profile picture of the author Dan C. Rinnert
      Originally Posted by GoPeterB View Post

      yes, I meant trademark infringement. Sorry.

      my domain name consists of the niche+mapquest.com

      The name of my site would not have "mapquest" in the name. It is "nichemap" and then "quest"...which separates the trademark into another word. If you know what I mean.
      That would be a grey area there. You'd really need expert advice on that one.

      The idea for my site is very similar to mapquest but at the same time is completely different.
      "Very similar" is a problem area there.

      There needs to be something out there like this. It is a great idea. I wonder if I should approach mapquest with the idea and make them sing an NDA??? Would they go for that?
      You'd need an expert to advise you on that too.

      This would be something that a large company would be able to take and run with and turn into something big.
      Is it something that requires the use of MapQuest in the name? If so, it's probably going to be something only MapQuest can run with.

      If it's an idea that doesn't require the use of MapQuest in the name, pick a different name and run with it yourself. No sense risking an unnecessary battle.
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    • Profile picture of the author tj
      Originally Posted by GoPeterB View Post

      yes, I meant trademark infringement. Sorry.

      my domain name consists of the niche+mapquest.com

      The name of my site would not have "mapquest" in the name. It is "nichemap" and then "quest"...which separates the trademark into another word. If you know what I mean.

      The idea for my site is very similar to mapquest but at the same time is completely different. There needs to be something out there like this. It is a great idea. I wonder if I should approach mapquest with the idea and ask them to sign an NDA??? I wonder how that would go over.

      I have no problem selling the idea to a big company. It would benefit them.

      This would be something that a large company would be able to take and run with and turn into something big.
      There is no need to say what you want to do with this domain name. If Mapquest thinks you're violating their trademark, your domain will be taken down.

      Timo
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  • Profile picture of the author Kenster
    Ive been in this situation many times...

    If you are a small 'little fish' type site they will likely just tell you to take it down, thats it.

    If its a 'big fish' site making money, they will likely pursue legal action or force you to take it down = no good

    Your best bet it to come up with something similar but dont use mapquest exactly so you can build a strong sustaining site without worrying about anything.
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  • Profile picture of the author tj
    ... and check USPTO.gov - you'll see that have 5 trademarks on their name.

    Timo
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