Use of trademarks and images question

by its
11 replies
I have a rather general question but perhaps I can break it down alittle more specifically.

Say I wanted to make a website on the Olympics. If I register olympicnews.com (this is anexample) am I in breach of trademarks? Can my site get shut down?

Another example is gaming. There are tonnes of gaming websites out there that use video gamecharacters and screenshots - are they in breach of copyright?

What about a domain with starwars in it - an obvioustrademark. If I have a site with that inmy domain am I at risk of getting shut down?

Thanks,

its
#images #question #trademarks
  • Profile picture of the author Adenan
    Better to not include any "trademark" with your domain names. My friend got sue by amazon because of his domain contains the "amazon". His website not in english language. It's in other language, and amazon still doing it. So, better to avoid any trademark with your domain names.
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  • Profile picture of the author Slade556
    The risk is pretty high to get shut down, if you use trademarks... The word "Olympic" is a trademark and you probably shouldn't use it. (just google it, you'll see..)
    So, you should definitely do some brainstorming and come up with an alternative to your domain name.
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  • Profile picture of the author Oliver Scheiber
    It might be not so smart from a legal perspective. If you decide to choose a domain name that includes a trademark you risk losing it.
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  • Profile picture of the author its
    Ok so trademark in domain - risk losing it. But surley if the site is filled with refference to the trademark that is equally just as bad. Yet I can think of hundreds of sites that do this and have been around for years...
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  • Profile picture of the author its
    Also im finding pretty much every word is trademarked to some degree by somebody somewhere.
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    • Profile picture of the author onSubie
      Originally Posted by its View Post

      Also im finding pretty much every word is trademarked to some degree by somebody somewhere.
      The Olympics are VERY strict with their trademarks. To the point of going after small businesses.

      'Olympic' trademark leaves businesses in a bind - latimes
      Don't Mess With the Lord of the Olympic Rings - Businessweek

      They also forbid any use of the rings or 5 Olympic colors.

      Edit: This is a great article about the Olympics going after a knitting club for using the word "ravelympics" for a knitting competition.

      http://knowledgeproblem.com/2012/06/...ittee-edition/
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      • Profile picture of the author Kay King
        Yet I can think of hundreds of sites that do this and have been around for years...
        There may be more to that story than you know. Sometimes licenses are sold (for quite a bit of money) - sometimes the site is owned by a conglomerate that is connected to the trademark. Sometimes the site was there before the trademark was registered or hasn't been noticed yet by the trademark holder.

        You are only responsible for what YOU do - and registering a domain that includes a trademark is asking for trouble these days. Companies and organizations and sports teams protect their trademarks. They have to in order to keep their brand name protection.

        Your title above says "and images" - using images without permission is begging for trouble. That adds copyright violations the trademark issue. You don't want to go there!

        You can check trademark registration yourself (google it and you'll easily find it).

        IANAL - but the above is common sense that internet marketers should know.
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        • Profile picture of the author its

          Well let's get a little specific. Except for the big players - I'm sure most gaming websites out there don'thave agreements with gaming companies, and yet regularly use their logos,characters and trademarks. Thesewebsites have been around for years. Iwas hoping to make a fansite but am now a little sceptical about the wholething...
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          • Profile picture of the author wtatlas
            Originally Posted by its View Post

            Well let's get a little specific. Except for the big players - I'm sure most gaming websites out there don'thave agreements with gaming companies, and yet regularly use their logos,characters and trademarks. Thesewebsites have been around for years. Iwas hoping to make a fansite but am now a little sceptical about the wholething...
            No matter how specific you make the question, the answer is always going to be the same: trademarks exist to protect a company's brand, logo, etc., and images and written materials are similarly protected by copyright unless they are in the public domain. The only ways you can be sure that you can use someone else's content is a) if it is stated somewhere on their website that the content can be copied freely, and b) if you ask them if you can use their content and they say yes. The fact that other websites appear to be using logos, etc., without permission doesn't mean that it is okay to do so.

            There is no need to be put off your idea of creating a fan site by any of this. Just be careful that any content you publish is not in violation of anyone's rights as far as use of trademarks and copyrighted content goes. It's possible that some companies or celebrities might have press packs containing images or similar content that can be used with no problems. The only way to find out is to ask them. Better to do that and avoid any problems.
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          • Profile picture of the author onSubie
            Originally Posted by its View Post

            Well let’s get a little specific. Except for the big players – I’m sure most gaming websites out there don’thave agreements with gaming companies, and yet regularly use their logos,characters and trademarks. Thesewebsites have been around for years. Iwas hoping to make a fansite but am now a little sceptical about the wholething…
            Well you are talking about two different things comparing the Olympics to gaming.

            Many gaming companies are very laid back in their approach to trademarks because there is such a huge number of fans and fan sites that do more to promote the game than harm it. They would protect them if you started using them in ways that would infringe in a more harmful way, such as making and selling merchandise with their trademarks as opposed to a blog or YouTube channel.

            You will always find examples of willful trademark abuse. Some is out of ignorance and others because they just manage to get away with it. How it is enforced is up to the trademark owner. Some are very litigious. Others are less so.

            Ultimately you need to evaluate using your own risk tolerance and conscience on a case by case basis.
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  • Profile picture of the author its
    Someone else mentioned I'd be fine under fair use law?


    In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship.
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