can i register this?

by sydneycraig 6 replies
gracelandhawaii.com

if there is a hotel called hawaii graceland who uses hawaiigraceland.com

thinking its trademark infringement but thought id check

cheers
#main internet marketing discussion forum #register
Avatar of Unregistered
  • Profile picture of the author davezan
    You can. But if that party's trademark (if any) is distinctive and famous enough,
    a considerable number of people might still confuse your site with them.

    If you register, say, soft micro and especially put content about software, that
    might create issues with Microsoft. While you might be savvy enough to tell the
    difference, not all consumers necessarily know that.

    Bunch of ifs.
    Signature

    David

    {{ DiscussionBoard.errors[4869723].message }}
  • Profile picture of the author Seth Bias
    You can register anything you want. It all depends once your site starts getting traffic and they see what your doing what will happen. If you get a letter in the mail you'll have to transfer the domain over and lose all $ gains. Be careful and good luck!
    {{ DiscussionBoard.errors[4869732].message }}
    • Profile picture of the author Coptech
      There is nothing wrong with that.

      As long as you do not use their trademarks in your website, they cant do anything about it.

      Most companies will protect themselves against such thing by buying all the domains that are linked in some way to them.

      Like misspellings. If you try to enter facebok.com you will end up in facebook itself.

      However, smaller companies will not take any action as the lawsuit ain't worth the time and money.

      Hope this helps. =)
      Signature

      Success knows no boundaries.

      Private Label Rights Gem

      {{ DiscussionBoard.errors[4869830].message }}
      • Profile picture of the author xavierfok
        Hi,

        Yes, you can register but make sure it's really helpful and get traffic increases for your website.

        Thanks
        {{ DiscussionBoard.errors[4891279].message }}
        • Profile picture of the author Michael Oksa
          Originally Posted by sydneycraig View Post

          gracelandhawaii.com

          if there is a hotel called hawaii graceland who uses hawaiigraceland.com

          thinking its trademark infringement but thought id check

          cheers
          Yes, it would most likely be trademark infringement as you would be HOPING that people would come to your site when looking for the official one. I base this assumption on the fact that you have vacation-related links in your sig.

          Originally Posted by davezan View Post

          You can. But if that party's trademark (if any) is distinctive and famous enough,
          a considerable number of people might still confuse your site with them.

          If you register, say, soft micro and especially put content about software, that
          might create issues with Microsoft. While you might be savvy enough to tell the
          difference, not all consumers necessarily know that.

          Bunch of ifs.
          It seems that the OP would benefit from such confusion and that it's part of their overall plan.

          Originally Posted by sbias View Post

          You can register anything you want. It all depends once your site starts getting traffic and they see what your doing what will happen. If you get a letter in the mail you'll have to transfer the domain over and lose all $ gains. Be careful and good luck!
          Right, you CAN register just about any name you want, registrars are not in the business of protecting trademarks (other than their own).

          WRONG!!! It doesn't matter how much traffic you get. At all. All it takes is for someone involved with the company to do one search and come across the offending site.

          ALSO...you may not get a letter simply asking you to transfer the domain name. You could get a letter that is letting you know you are being sued. There doesn't have to be one warning letter before this happens. You may end up losing an income stream (at best), but you could also be sued for damages and that could add up to a whole lot more than the amount you had earned up until that point.

          Originally Posted by Coptech View Post

          There is nothing wrong with that.

          As long as you do not use their trademarks in your website, they cant do anything about it.

          Most companies will protect themselves against such thing by buying all the domains that are linked in some way to them.

          Like misspellings. If you try to enter facebok.com you will end up in facebook itself.

          However, smaller companies will not take any action as the lawsuit ain't worth the time and money.

          Hope this helps. =)
          BAD, WRONG and AWFUL advice! Sorry, but you seriously don't have a clue, are badly misinformed or purposely giving out bad information.

          "Hope this helps"?!? If by that you mean "hope you don't end up getting sued for following this awful advice", then I agree.

          Wow!

          So...it comes down to this. Simply reversing word order isn't enough to skirt a trademark, especially when you are hoping to capitalize on the existing trademark. Chances are a court would believe that to be what you were doing because you are offering the same thing as the trademark holder. In other words, you are trying to confuse people and are competing directly with the trademark holder.

          Bad idea.

          Nice try.

          Move along.

          All the best,
          Michael
          Signature

          "Ich bin en fuego!"
          {{ DiscussionBoard.errors[4891391].message }}
  • Profile picture of the author Arthur Barn
    There's nothing with that. You can do anything you want as long as you never use any trademarks on your site.
    Signature
    Read to know more about heartburn symptoms and remedies
    {{ DiscussionBoard.errors[4891442].message }}
Avatar of Unregistered

Trending Topics

  • 10 {{ upvoteCount | shortNum }}

    How Do Highly Successful People Stay Positive?

    Hi Gang, I just stumbled upon this great article and wanted to share! 6 Ways Highly Successful People Stay Positive So the question begs, how do YOU stay positive? What ... [read more]

  • 6 {{ upvoteCount | shortNum }}

    troubleshooting sales

    sparky63 in Internet Marketing

    hi peeps i have just created my first website about premium plr ebook course where you can rebrand and sell on..now i have had quite abit of traffic over the ... [read more]

  • 11 {{ upvoteCount | shortNum }}

    Free software that can record more that 10 minutes ?

    spartan14 in Internet Marketing

    Hy all i am more a youtube guy and i plan to make a course for my subscribers with some video series and i need to record videos longer that ... [read more]

  • 218 {{ upvoteCount | shortNum }}

    What is the main reason for the 95% failure rate in internet marketing?

    Here is my take on the matter: Look, a lot of people get into the internet marketing business only because of its huge money-making potential without having a love for ... [read more]

  • 2 {{ upvoteCount | shortNum }}

    Giving back a bit PHP redirect

    hometutor in Programming

    I couldn't use header since it had already tranfered I tried a javascript redirect but got an undefined page I used this file_put_contents('logs.txt', "<script>window.location =' .$rsslink.'.php</script>".PHP_EOL , FILE_APPEND | LOCK_EX); ... [read more]