Quick Question on Trademarks...

Christian Fox · 11-03-2009, 04:54 AM

Ill use this as an example....
'hoover.com
(like the vacuum assume they have it protected) bad right obviously..

How about www.hoo-ver.com?

I'd like to know the rule....

Because I have a site I want to build.

Thanks

Brad Gosse · 11-03-2009, 06:36 AM

Probably not a smart plan if it's as strong a brand as hoover.

Amfire · 11-03-2009, 06:50 AM

Not very good idea. if promoting/trashing their products, you could be in bigger trouble.

i would stay away.

Richard Tunnah · 11-03-2009, 07:03 AM

Christian,
I'd recommend you speak to a trademark lawyer before using that (or similar domain). It's complex and these big companies will fiercely protect their trademark including similar typed domains.

Rich

FrankJohnson · 11-03-2009, 10:37 AM

Two quick points:

1) The dash won't make a bit of difference if you're playing in the same space as the vacuum company (selling vacuum cleaners, for example).

2) Trademarks are divided into classes (I think there are 40-50). So if there is a company calling their software product "Widget A," I can still call my microwave oven "Widget A" because it would be in a different class - there's not much likelihood of the average consumer being confused between the two. One is software, the other is a microwave oven.

So in general, if your website was in a different class than the other trademark holder's business, you'd generally be safe.

The exception comes when the other trademark is so well known that using the mark in another class wouldn't prevent confusion. For example, if I tried to call my microwave oven the "Coca Cola Microwave," that wouldn't fly.

That's one reason why Richard's advice is really important - a trademark lawyer would be able to advise you on how prominent the Hoover trademark is (pretty prominent in my mind, but obviously not at the level of Coca Cola), whether there are other "Hoover" trademarks in the class your website would fit into, etc., etc.

Frank

11-03-2009, 04:54 AM	#1
Christian Fox No Fate But What U Make! War Room Member Join Date: Nov 2008 Location: Jenison, MI Posts: 838 Thanks: 64 Thanked 34 Times in 29 Posts	Quick Question on Trademarks... Ill use this as an example.... 'hoover.com (like the vacuum assume they have it protected) bad right obviously.. How about www.hoo-ver.com? I'd like to know the rule.... Because I have a site I want to build. Thanks

11-03-2009, 06:36 AM	#2
Brad Gosse Senior Warrior Member War Room Member Join Date: Jan 2009 Location: Orangeville, Ontario Posts: 2,906 Thanks: 1,311 Thanked 1,070 Times in 566 Posts Social Networking	Re: Quick Question on Trademarks... Probably not a smart plan if it's as strong a brand as hoover.
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11-03-2009, 06:50 AM	#3
Amfire Advanced Warrior War Room Member Join Date: Nov 2008 Location: the internet Posts: 673 Thanks: 26 Thanked 45 Times in 28 Posts	Re: Quick Question on Trademarks... Not very good idea. if promoting/trashing their products, you could be in bigger trouble. i would stay away.

11-03-2009, 07:03 AM	#4
Richard Tunnah Just hitting the mouse! War Room Member Join Date: Jul 2007 Location: Puerto Calero, Lanzarote, Canary Islands Posts: 1,935 Thanks: 334 Thanked 204 Times in 164 Posts Social Networking	Re: Quick Question on Trademarks... Christian, I'd recommend you speak to a trademark lawyer before using that (or similar domain). It's complex and these big companies will fiercely protect their trademark including similar typed domains. Rich

11-03-2009, 10:37 AM	#5
FrankJohnson Warrior Member Join Date: Oct 2009 Location: Scotts Valley, California, USA Posts: 26 Thanks: 0 Thanked 6 Times in 4 Posts	Re: Quick Question on Trademarks... Two quick points: 1) The dash won't make a bit of difference if you're playing in the same space as the vacuum company (selling vacuum cleaners, for example). 2) Trademarks are divided into classes (I think there are 40-50). So if there is a company calling their software product "Widget A," I can still call my microwave oven "Widget A" because it would be in a different class - there's not much likelihood of the average consumer being confused between the two. One is software, the other is a microwave oven. So in general, if your website was in a different class than the other trademark holder's business, you'd generally be safe. The exception comes when the other trademark is so well known that using the mark in another class wouldn't prevent confusion. For example, if I tried to call my microwave oven the "Coca Cola Microwave," that wouldn't fly. That's one reason why Richard's advice is really important - a trademark lawyer would be able to advise you on how prominent the Hoover trademark is (pretty prominent in my mind, but obviously not at the level of Coca Cola), whether there are other "Hoover" trademarks in the class your website would fit into, etc., etc. Frank