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Domain Name Question

by Eric Land
10 replies
I want to buy a domain name with the word yahoo in it
is this illegal?

I figured that yahoo.com probably trademarked the work yahoo
but when i did a google search nothing came up.

I know this is probably a stupid question

Eric
#domain #question
  • Profile picture of the author josephmorris90
    Here are the trademarks for yahoo:
    [URL too long], go to: http://www.uspto.gov/main/trademarks.htm , click search in the right column, then do a new search and type in yahoo.

    You should not use yahoo in the domain because they can easily take it from you.
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    • Profile picture of the author Jack Chua
      I don't think it is illegal but I think it is very risky. For some reason why do you like it for the domain?
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      • Profile picture of the author davezan
        Originally Posted by Jack Chua View Post

        For some reason why do you like it for the domain?
        That's the question trademark holders, especially famous ones, will ask if/when
        one does that.
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        David

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  • Profile picture of the author krishnaGopal
    I would assume you would not be allowed.... i know some people do it and get away with it, but its not worth the risk unless you're totally sure!
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  • Profile picture of the author DrewG
    I don't think it would be a problem...there's tons of domains with Google in it (GoogleSniper.com, Youtube, and other trademarked businesses. However, don't take this as legal advice, always consult a lawyer.
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  • Profile picture of the author davezan
    Originally Posted by Eric Land View Post

    I want to buy a domain name with the word yahoo in it
    is this illegal?
    Nope. But what's illegal, in some places, is using it to infringe their trademark.

    Others doing it doesn't mean Yahoo is explicitly allowing it. Not all drivers get
    caught violating speed limit laws, but cops catch whoever they can and make
    them pay.

    And as Drew said, consult a lawyer. Especially if unsure.
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    David

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  • Profile picture of the author Sandy Hands
    Questions like this help pay trademark lawyer's mortgages.

    You can read the UDRP Policy here: ICANN | Uniform Domain Name Dispute Resolution Policy

    Summary Version:
    • You can be held accountable for infringements with domain names that are confusingly similar to the trademarked name.
    The bottom line is whether you want to develop a domain name that is or could be taken away from you. There are 4 possible scenarios (and a hundred variations within those 4). Namely:
    1. You register and use the name and no-one comes knocking (this will depend on your success, use and business model - i.e. the more successful you are, the more you have to lose, the more likely you will face some type of action);
    2. You register and use the name and receive a "C&D - please hand over your domain" letter. (Cease and Desist letters go out faster than money from a New York ATM);
    3. You register and use the name and receive a UDRP notice of proceeding (hire a lawyer, hand back the domain, and try and keep your money in your wallet); and
    4. You register and use the name and receive a UDRP notice, and court filing of a Civil Suit (lose domain and coming at you for damages etc).
    Of course, there are proceedings and hearings to determine all the elements of your particular case.

    Is it possible that you could prove your domain has absolutely nothing to do with Yahoo.com and that you did not derive ANY income or beneficial gain by leveraging the Yahoo.com brand? Maybe - get a good lawyer - who knows.

    Trademark law is a specialized area and you really need to consult a professional if in doubt. Nothing in my post should be considered "advice" or "legal opinion." It is a layman's view of the world.

    Good luck with your choices and your pursuits.
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    • Profile picture of the author edhan
      Personally, to avoid getting into trademark issue, it will be best not to do so. What happen that you may not face the problem at the initial stage but when your site starts to be popular and if they want to take action, you will likely lose your case.

      So, instead of getting yourself in trouble, avoid it.

      Try getting a domain name that is relating to your content or product instead. That will help you in your business.
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  • Profile picture of the author gottahave
    We had a threatening email from Ebay's legal department some years ago about a site we had selling a product to benefit Ebay's users. Unfortunately, the word "Ebay" was in the domain name.

    Their view on things was very narrow even though our product encouraged users to make greater use of Ebay!
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    • Profile picture of the author Chris Drinkwater
      Dangerous! I had a domain with ebay in too when I started .. wow did they get heavy!
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