Domain name, is this legal?

28 replies
Hello folks,

I am going to create a website for jvzoo products to promote them,
I am going to select a domain name which has the term "wiki" inside as well. Say like "wiki-cars.com" or so, Do you think that I wont have any legal problems for using a domain with the term "wiki" inside?

Thanks.
#domain #legal
  • Profile picture of the author createyouwealth
    What's up, I don't think it would be a problem. As long as you don't use wiki's signature logo
    you should be just fine my friend.

    Wish you the best!
    {{ DiscussionBoard.errors[10334604].message }}
    • Profile picture of the author DWolfe
      [DELETED]
      {{ DiscussionBoard.errors[10334618].message }}
      • Profile picture of the author JohnMcCabe
        The term "wiki" isn't a problem. It's a generic term describing a type of website, often built with a specific markup language.

        Source: en.wikipedia.org/wiki/Wiki

        All you need to know, and then some...
        {{ DiscussionBoard.errors[10334634].message }}
  • Profile picture of the author michealkhobis
    There is no problem, if you use the WIKI-CARS. You can use this domain without any hesitation. Thanks
    {{ DiscussionBoard.errors[10334613].message }}
  • Profile picture of the author KeenR
    You can check trademarkia.com to see if the combination of your word and wiki is already trademarked.
    {{ DiscussionBoard.errors[10334645].message }}
  • Profile picture of the author jessegilbert
    Banned
    I think wiki is fine...it is simply a concept...but not sure if you can put all jvzoo name in url
    Signature
    ThermoNuclear Branding: The #1 Fastest Way To Improve Your Marketing: http://www.BrainstormPro.com

    {{ DiscussionBoard.errors[10335106].message }}
  • Profile picture of the author Adam Yunker
    Hey there,

    As far as trademarks go you can use the same name as long as it's is in different industries and provided you don't use the same logo

    I don't think you should have a problem and even if something does occur it's just a domain name that can be switched easily, it just creates a re-branding problem, but when you get that big you should have a solid following that sticks with you no matter what name you operate under.

    This was quick, but hopefully it helped in some way shape or form

    Adam
    {{ DiscussionBoard.errors[10335983].message }}
  • Profile picture of the author 5Gloria5
    There’ll be no problem with this domain. Wikipedia doesn’t own the word wiki
    {{ DiscussionBoard.errors[10336164].message }}
  • Profile picture of the author oskaroskar
    As everyone else said, having “wiki” in your domain is not an issue. There are a lot of websites that have this exact word in their domains and they are fine for years.
    Not an issue.
    {{ DiscussionBoard.errors[10336184].message }}
  • Profile picture of the author talfighel
    It is better to be safe then sorry. I would look into whether you can use this name or not.

    Maybe the word "WIKI" is trademark name and no one can use it as a domain name.
    {{ DiscussionBoard.errors[10336381].message }}
  • Profile picture of the author extrememan
    Wikipedia is a huge widely recognized site. I would avoid using wiki in your domain to avoid legal issues..
    Signature

    --- Connect With Me Online ----
    Blog: www.carldavies.net
    Facebook: facebook.com/carldaviescom
    Twitter: twitter.com/carldaviescom

    {{ DiscussionBoard.errors[10336540].message }}
  • Profile picture of the author allegandro
    You can use WIKI, I know a lot of websites that are not connected to wikipedia and doing fine, even some really big websites.

    WIKI is FREE to use.
    Signature
    Struggeling with multiple supplier feeds?
    DoeeX solves it!
    {{ DiscussionBoard.errors[10336558].message }}
  • Profile picture of the author Randall Magwood
    If you have to ask, don't do it. Just take "wiki" out of the domain name, and market the heck out of the site.
    {{ DiscussionBoard.errors[10336797].message }}
  • Profile picture of the author wpmlm
    "WIKI" does not = Wikipedia... they don't own it...

    A Wiki is a site run using the wiki markup language: https://en.wikipedia.org/wiki/Wiki

    A wiki is a word... Hawaiian which means "quick"... so I don't think there is any way you will have issues with using two words from 2 different languages together in your domain name... unless someone is marketing under that name.

    I'd say you are good to go.
    {{ DiscussionBoard.errors[10336814].message }}
    • Profile picture of the author TheGMa
      Originally Posted by wpmlm View Post

      "WIKI" does not = Wikipedia... they don't own it...

      A Wiki is a site run using the wiki markup language: https://en.wikipedia.org/wiki/Wiki

      A wiki is a word... Hawaiian which means "quick"... so I don't think there is any way you will have issues with using two words from 2 different languages together in your domain name... unless someone is marketing under that name.

      I'd say you are good to go.
      Yup, in Hawaii the shuttles around the islands are called wiki-wikis.

      And as John McCabe stated, it's a type of markup language that allows people to post their info on a wiki site. That's why you so often see "not verified, please add to this if you have more information" type of messages over at wikipedia, which is merely a public encyclopedia that uses the wiki system.

      FYI, Web.com offers a build for wiki sites. There are a lot of them out there. Search: wiki sites or wiki spaces.

      There's a wikicars.org, but that's all I could find. Go for it, Adam!

      - Annie
      {{ DiscussionBoard.errors[10336831].message }}
  • Profile picture of the author Rich Struck
    It is not legal, you will go to jail.
    Signature

    {{ DiscussionBoard.errors[10337089].message }}
  • Profile picture of the author PSTJordan
    No, I don't see a problem in using that domain name. The only issues you could have is if you decided to use the brand's name as your domain.
    {{ DiscussionBoard.errors[10369449].message }}
  • Profile picture of the author adongmanila
    You are going to take the Doamin "wiki-cars.com", so it will not be an important problem. I think anyone take this domain, if the domain is vacant. So you can carry on. Thanks for your advance.
    {{ DiscussionBoard.errors[10369455].message }}
  • Profile picture of the author Jonathan Branson
    Why not asking a lawyer in your country that specialize in this field? He will have the best answer for you.
    {{ DiscussionBoard.errors[10369595].message }}
  • Profile picture of the author TheGMa
    HELLO-O

    WIKI IS NOT A BRAND NAME. Kleenex is a brand name. Tissue is not a brand name. Wiki is a coding system and can be used anywhere, like the word tissue.

    Nobody goes to jail for using the word tissue, and plagiarism is a civil, not a criminal offense. Good grief.

    Look it up for yourselves instead of jumping to conclusions. This is the Internet, for corn sakes; it only takes a second to get info.

    - Annie
    {{ DiscussionBoard.errors[10370016].message }}
    • Profile picture of the author Steve B
      Legal matters are never settled by a democratic vote.

      In addition, random members of a public forum can give you their opinion but you'll never know if a person's opinion is what a qualified legal professional would offer.

      Trade names, trademarks, and business names are not the same. Forum members would do well to understand these related terms and their meanings.

      A trade name is the name a company uses to do it's advertising and sales and is different than the legal business name (which for a sole proprietorship is typically the owner's name).

      This law firm site offers a simple summary explanation.
      "When Can a Trade Name Be Used? A company may use a trade name for advertising and trade purposes. It is often the name the general public sees on signs, the internet, and advertisements.
      "When Does a Trade Name Infringe Upon a Trademark?
      If a trade name is similar enough to another’s trademark that it creates a “likelihood of confusion” in the mind of a purchaser, it may be infringing the trademark, which can prove to be a very costly mistake."
      I am not an attorney; however, if "wiki" is part of your trade name and it causes the "likelihood of confusion" in your customer's mind regarding other "wiki" trademarked names or sites, IMO you have cause to worry.

      Again, I am not giving legal advice . . . but as one who has taken the time to look for a credible answer to your question . . . I think you are putting yourself at risk if you follow the popular sentiment in this thread.

      Steve
      Signature

      Steve Browne, online business strategies, tips, guidance, and resources
      SteveBrowneDirect

      {{ DiscussionBoard.errors[10370081].message }}
      • Profile picture of the author TheGMa
        Originally Posted by Steve B View Post

        ... if "wiki" is part of your trade name and it causes the "likelihood of confusion" in your customer's mind regarding other "wiki" trademarked names or sites, IMO you have cause to worry.

        Steve
        That's an excellent point, Steve. I'd not considered that drawback. However, wiki sites are all over the web by the hundreds and have become an Internet staple. A wikia is usually defined by the word "wiki" in the domain name. Wikis are fun to build if you are into all the necessary monitoring.

        Here is a short list:
        https://en.wikipedia.org/wiki/List_of_wikis

        Here is a longer list that catalogs wiki sites by category:
        A List of Wiki Sites by Category

        - Annie
        {{ DiscussionBoard.errors[10370105].message }}
        • Profile picture of the author Steve B
          Originally Posted by TheGMa View Post

          . . . wiki sites are all over the web by the hundreds and have become an Internet staple.

          Annie,

          Understood and I actually agree with most of what you have said. But if any of these "wiki" sites have trademarked their name (which I don't know - my guess is - some probably have) and there is confusion caused to the consumer, IMO, there is at least some cause for the OP to have concern about his risk. Granted, that risk is most likely very small; but tiny legal matters to a business owner or his attorney can prove to become very expensive mistakes for the offending party.

          BTW, Annie, my post was not directed specifically at your post but for everyone to at least understand the gravity of legal implications.

          Steve
          Signature

          Steve Browne, online business strategies, tips, guidance, and resources
          SteveBrowneDirect

          {{ DiscussionBoard.errors[10370144].message }}
          • Profile picture of the author TheGMa
            Originally Posted by Steve B View Post

            Annie,

            ... BTW, Annie, my post was not directed specifically at your post but for everyone to at least understand the gravity of legal implications.

            Steve
            Oh shoot, Steve, I know that. I follow your posts when I have time because your information is so reliable and well-written, and you've taught me quite a bit.

            Yeah, Steve, I'm aware of the trademark issues, which are actually fewer than one would suppose due to costs, and apply to just about any domain name. But trademarks are public information and can be searched at the USPTO (US Patent & Trademark Office) web site. I had to do that before my partner and I got too far into our first Patent Pending (Provisional Patent) application and the name for the invention.

            Search "wiki" on TESS at the USPTO and you will find the list trademarked names containing the word "wiki."

            When it comes to wiki sites, the usual research normally covers the situation: choose a few domain names, see if anyone has them in any conformation, go see what's TM'd on TESS if you wish, and lastly check domain availability in a WHOIS or at a web host site. Other than that, putting wiki in a unique domain name is like putting screwdriver in a domain name - no big deal - unless one is not actually using the wiki system. Or screwdrivers.

            - Annie
            {{ DiscussionBoard.errors[10370559].message }}
  • There are a lot of wiki sites with wiki in the URL. I'm not a lawyer, but I think it is pretty common.
    Signature
    Premium WooCommerce & WordPress Plugins $10/ea. or FREE With Membership. PluginForage.com
    {{ DiscussionBoard.errors[10370848].message }}
  • Profile picture of the author Asadullah72
    No, I don't see a problem in using that domain name. The only issues you could have is if you decided to use the brand's name as your domain. if you use the WIKI-CARS. You can use this domain without any hesitation.
    {{ DiscussionBoard.errors[10371668].message }}
  • Profile picture of the author dlane1987
    Wiki is a type of site not a brand or trademark. You can do wiki whatever wikileaks, wikihow ... fill your boots with that plan.
    {{ DiscussionBoard.errors[10372194].message }}
  • Profile picture of the author godinu
    wiki is a generic term; many sites use it for documentation in their forums. The term wiki is safe to use in any site, but legally you should not register a site that has "wikipedia" in the domain name, since that is a specific brand. That goes for any brands too.. don't register a domain that has another company's brand in the title or you could face legal issues
    {{ DiscussionBoard.errors[10372205].message }}

Trending Topics