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What is law on generic term domain names?

by Matt_S
4 replies
I was looking for some advice on domain names that use generic terms, for example:

usedcarsusa.com v used-cars-usa.com
or greenwelliesengland.co.uk v green-wellies-england.co.uk

What if each domain (i.e. with & without -) are owned by two different companies, is there any legal right to such a domain name when generic terms are used, such as 'used cars' for example? Would one have any legal right to close the other, just as when two companies trade as same name?
#domain #generic #law #names #term
  • Profile picture of the author CDarklock
    Originally Posted by Matt_S View Post

    is there any legal right
    1. Don't ask for legal advice on the internet. If it matters, get an attorney. If it doesn't, don't ask.

    2. No, there isn't.
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    • Profile picture of the author davezan
      Other than what Caliban said, maybe two other things:

      1. Trademarks aim to prevent likelihood of confusion, not grant some exclusivity
      over any and all variations of them regardless of use or context. Unique, famous
      marks like Google, Xerox or Facebook are exceptional by virtue of their success
      in their respective fields.

      2. Generic terms cannot become trademarks if used in their generic, descriptive
      sense. They can if used distinctively instead such as Delta Airlines, Delta power
      supply, or Delta bicycle parts other than the descriptive meaning of the river.

      Based on those, short answer to your questions is also no. The longer answer is
      that will all depend on a variety of things, which likely can't be explained in one
      single forum post.

      IANAL, and I can refer you to some to verify what I said if you're interested.
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      David

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  • Profile picture of the author TrafficMystic
    Personally I stay away from trademarks and company names.. after an issue with a trademark a few years back.. nothing but hassle in my opinion..
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  • Profile picture of the author sbucciarel
    Banned
    Go to TESS and check for trademarks. Generally, generic terms can't be trademarked, but then ... oh wait ... face book.

    Explain that one. So it's best to check for a trademark. There are many sites using different variations of generic terms for their domains.
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