5 replies
There's a discussion here on using Windows 7 (or any trademark) in a domain name.
That discussion has now been locked, but the opinions seemed to conclude that you shouldn't do it.

I don't agree.

Go into a book store and you can find Windows 7 for Dummies, Windows 7 Guide, etc.

On the net, I would not hesitate to use something like TopTipsforWindows7.com etc etc

Such a title does not imply it created Windows7 or owns Windows7.

How about a domain named CleanUsedFordCarsForSale.com

Or HowToFormatKindleBooks.com
#windows
  • Profile picture of the author Alex Blades
    I don't agree.
    You don't have to agree, you just need the jury to agree and rule in your favor
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  • Profile picture of the author MartinPlatt
    How do you know that they're not licensed to use the name?

    I think you may get away with it for a while, but just as you get successful, it may get taken away from you. You are after all using a registered trademark to try to make money.

    Just not worth the hassle.
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  • Profile picture of the author WillR
    I would agree that those sorts of products are probably licensed and have paid fees or royalties per copy to Microsoft for the use of their name.

    The OP has a point though in that the typical trademark case will be when the trademark holder is able to argue and prove the domain in question is being confused with their mark.

    So if I was selling windows 7 software and had a domain like cheapwindows7.com then I would have a problem because it would be easy for people to believe I was an official representative of the brand. If I had a domain such as myreviewofwindows7.com then it's different. Clearly the visitors to your site will not be misled into thinking you are an official retailer of that brand.

    This is why domains such as paypalsucks.com are able to be used. Obviously Paypal is a registered trademark but it would be impossible for Paypal to argue in the courts that people going to paypalsucks.com would think it's an official representative of their brand -- and thus why the domain has not been taken down.

    But where there is any confusion at all, the trademark owner will likely be favored.
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  • Profile picture of the author Farish
    Originally Posted by bengirwb View Post

    There's a discussion here on using Windows 7 (or any trademark) in a domain name.
    That discussion has now been locked, but the opinions seemed to conclude that you shouldn't do it.

    I don't agree.

    Go into a book store and you can find Windows 7 for Dummies, Windows 7 Guide, etc.

    On the net, I would not hesitate to use something like TopTipsforWindows7.com etc etc

    Such a title does not imply it created Windows7 or owns Windows7.

    How about a domain named CleanUsedFordCarsForSale.com

    Or HowToFormatKindleBooks.com

    I will post this story again.

    There was a person name Mike Rowe.

    He had a website for his website design services called MikeRoweSoft.

    Microsoft sued him, took the domain from him, and the only reason why they let up is because of the bad publicity over this.

    Even Microsoft said they went over board on this, but they had already won.


    Also you are comparing Apples to Oranges with the book scenario. It is possible that Microsoft choose not to sue because it involves educating people on use of their product. Also they could have paid a licensing fee.

    Blizzard allows fan sites to use their trademark in their names as long as they follow certain guidelines.


    The point is, it is up to each individual company regardless of trademark law.
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  • Profile picture of the author officecorner
    Originally Posted by bengirwb View Post

    There's a discussion here on using Windows 7 (or any trademark) in a domain name.
    That discussion has now been locked, but the opinions seemed to conclude that you shouldn't do it.

    I don't agree.

    Go into a book store and you can find Windows 7 for Dummies, Windows 7 Guide, etc.

    On the net, I would not hesitate to use something like TopTipsforWindows7.com etc etc

    Such a title does not imply it created Windows7 or owns Windows7.

    How about a domain named CleanUsedFordCarsForSale.com

    Or HowToFormatKindleBooks.com
    Did you read Microsoft's Trademark Guidelines? Look for the Web Sites section!
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