Do you think this is legal?

[Poglia]

Hey Warriors,

I'm back after a few months and I have a question. Do you think the domain "Windows9.info" is a trademark violation? Here there is a list of all Microsoft registered trademarks:

Trademarks

As you can see, "Windows" is a trademark, but "Windows 9" is not. Anyway, here there are the trademark guidelines:

General Microsoft Trademark Guidelines

"Do not use any Microsoft trademark in the title of your Web site or as a second-level domain name."

So, I can't use a trademark AS a domain name (e.g. Windows.info), but does it mean I can use a trademark (Windows) IN my domain name, so Windows + something else? There are many domain names like that still up, so I think it's legal.

What do you think?

[R Hagel]

You're asking a legal question, so it's best if you ask someone who's qualified to answer -- like an attorney. Asking for legal advice on a forum is just begging for trouble.

Cheers,
Becky

[dubhdara]

I think if you sell windows (the real ones in houses!) then how can it be wrong to have a domain name such as windows.com etc?

I'm no legal scholar though.

EDIT: and agrees with the last poster

[Poglia]

Originally Posted by R Hagel

You're asking a legal question, so it's best if you ask someone who's qualified to answer -- like an attorney. Asking for legal advice on a forum is just begging for trouble.

Cheers,
Becky

I know, but maybe someone here is experienced with this kind of stuff, there are a lot of domain flippers out there. Plus, I don't know any attorney and I guess it's not free to ask them legal questions...

[dbadwal]

Buddy you know what? Here most of the people are non technical. It could be too dangrous to ask a legal question to non legal people.

[seasoned]

I GUARANTEE if M/S hears about this, and you don't use it in a relevant way that doesn't tread on windows, they will send a C&D if they find out.

Though they abandoned version numbers at V4, they have apparently started up again with 7, and one can argue that you are trying to catch the wave when windows 9 comes out.

Week in Microsoft: Windows 7, Windows 8, Windows 9

BTW windows7.com ALREADY goes to the M/S site. Don't you think they will do the same in the future?

[qwqw]

It could be a problem down the road. My personal experience is to stay away from trademark related domains. If your domain is your money maker you can lose it in a blink of eye if it gets in trademark watchers sight. But that's my personal apprach. it's your choice of course.

[IMStudentforlife]

Windows is a registered trademark, they fight anyone that even comes close to this. A perfect example was a college student that his name is Mike Rowe (not the guy from Dirty Jobs on Discovery Channel) so he had a website named Mike Rowe Soft .com (kinda catchy)..

So MS got their legal eagles after this poor college student.. but public back lash got MS and instead of suing the pants off the guy, they hired him as a analysis.

Branding is the life blood to some companies and they'll fight to the death if they have too to protect it.

[silvervixen]

Here is a pretty descriptive source of information on trademark.

I can't give you any specific advice since I am not a trademark attorney or even especially knowledgeable about the issue. From my brief reading of that link I provided, it appears there is some latitude provided by the law...for example, Apple can't be used to reference other computers, but it can be used for something else, like records because the two products are completely unrelated and there is no likelihood for confusion.

That link I provided has a lot of information. I hope this helps.

[Floyd Fisher]

Originally Posted by dubhdara

I think if you sell windows (the real ones in houses!) then how can it be wrong to have a domain name such as windows.com etc?

I'm no legal scholar though.

EDIT: and agrees with the last poster

It isn't.

For example, you could have a domain name like this one:

Pace Windows

Or this:

Comfort Windows - Windows, Doors, Siding, Sunrooms, Insulation, Basement - Syracuse, Rochester, Albany

Trademark infringement? Nope, because they are two completely different businesses. So it's almost impossible to confuse them.

Of course, MS could try a Nissan tatic, but the bad press from it would probably be devastating.

[sbucciarel]

If you plan to use it with the intent of getting traffic from the Windows product, of course it's a trademark violation. You can't put a word in front of or behind a trademarked name and pretend that it is a different name.

For example, someone was trying to get away with AmazonKindleStore awhile ago. Well, Amazon took the domain from him.

If you're in the window washing business, then you might get away with using it, but I seriously doubt that is your intention with this domain.

[Jake17]

I already have a domain that use the word windows in it, no problem unless your as famous as they are