Domain Name and trademark infringement ?

12 replies
I've just wanted to know, If For Example i had a website at Warrior.org and after few years a company "warrior LLC" that owns Warrior.com and Warrior.net registered the name "Warrior" as a trademark, could they take down also my website for trademark infringement ?

I'm Confused !
#domain #infrigment #infringement #trademark
  • Profile picture of the author LarryC
    That's a tough call. In general, you're better off avoiding domains that are brand names. But the word "warrior" is so generic I'm not sure if it could be enforced. On the other hand, if you were using it to promote IM type products, they might be able to claim trademark infringement. It's safer to avoid such possibilities. As always, consult with an attorney if this is a serious concern.
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  • Profile picture of the author FreedomBlogger
    Well that is definitely a weird situation.

    Since you bought the domain name way before the trademark was created - I don't think you would have a problem. Instead, the company with the new trademark might want to buy your domain and offer you a good chunk of change for it!

    I would consult a specialized lawyer on these types of cases.

    Hope this helps!

    Have a great weekend man!
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  • Profile picture of the author flyingskill
    Better search for trademarks and brands before registering a domain name to avoid any penalty.

    Be wise for future planning.

    Regards!
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  • Profile picture of the author GforceSage
    Looking at some past examples... It appears that if you were making money with the site before the trademark was approved, you have a fighting chance to carry on with your site. However, if you were just domain squatting and not actually earning money from the domain, the domain could be pulled from you to protect the trademark owner.
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  • Hi bahi010

    If you're the one who registered the domain first, you should have no problems, you may consult a lawyer and expert on web domains; tory could instead who registers after you ask to buy your .org, maybe even paying him well.
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  • Profile picture of the author jordorules
    It essentially works as a poor man's trademark, the fact you registered the domain name before they registered their domain names or trademarks. Your in the clear. Any semi-decent lawyer would tear that argument apart no problem in your favor of course. J
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  • Profile picture of the author zdebx
    Registering some generic words as a domain name, you won't have any problems, because you can't trademark words like "money" or "cash" or "warrior", in your case.
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  • Profile picture of the author Tyler Pratt
    Warrior is a common name and cant be trademarked

    It would be like someone putting a trademark on the word "Soldier" and charging the army every time they used the word. Its just not going to happen.
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  • Profile picture of the author DIABL0
    Originally Posted by bahi010 View Post

    I've just wanted to know, If For Example i had a website at Warrior.org and after few years a company "warrior LLC" that owns Warrior.com and Warrior.net registered the name "Warrior" as a trademark, could they take down also my website for trademark infringement ?

    I'm Confused !
    I use trademarkia.com. You can also get a lawyer to answer your questions for a reasonable price.

    Multiple companies can trademark the same term, it depends on use. Not really sure if that stands true for domain names.
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  • No they can't in a free country and yes they can in a not free one.
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  • Profile picture of the author RonBartling
    You posted this as a theoritical question. If you have a real time situation that you are dealing with then it appears you have two realistic choices:

    1) wait for a cease and desist letter that may never arrive before contacting a licensed attorney

    2) be proactive and contact a licensed attorney now

    Which option I'd personally select would depend upon how much revenue that site is generating. Either way, I would not rely on the opinion of arm chair attorneys on this site (of which I am one).
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