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Can I have the term "nokia" in my domain that sells nokia products?

by Spencer Jones
25 replies
does that violate any trademark ?

Thanks
#domain #nokia #products #sells #term
  • Profile picture of the author MJ Sterling
    You might want to get proper legal advice but it sounds like it could be a trademark violation and probably not worth the risk.

    Amazon keep an eye out for this kind of thing and I guess other corps do too.
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    • Profile picture of the author Spencer Jones
      Originally Posted by MJ Sterling View Post

      You might want to get proper legal advice but it sounds like it could be a trademark violation and probably not worth the risk.

      Amazon keep an eye out for this kind of thing and I guess other corps do too.
      Thanks MJ, How about using just the nokia mobile model numbers in domains. Like n95, n97 etc etc. And something like buyn95.com ?

      Does the trademark rules apply here as well?

      Thanks
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      • Profile picture of the author craigc1980
        Originally Posted by Spencer Jones View Post

        Thanks MJ, How about using just the nokia mobile model numbers in domains. Like n95, n97 etc etc. And something like buyn95.com ?

        Does the trademark rules apply here as well?

        Thanks

        Hey Spencer

        It probably isnt a good idea to put the name nokia in your domain.

        I also dont see why you cant put the model numbers as your domain.

        Pretty good idea if i do say so myself.

        Big businesses brand and trademark the company names

        I dont think they copyright the models of the phones.

        Then again i could be wrong.
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        • Profile picture of the author arttse
          With the model number you will probably be violating either copyright, patent or trademark.

          Best to leave out - the risk of being sued far outways the benefits.
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  • Profile picture of the author TheChimp
    I would definately steer clear of putting a trademarked name in your domain, especialyl without written permission.

    I do really like the above suggestion about "buy n97" or something similar. As this kills 2 birds with one stone:

    1) A targetted "buying" keyword
    2) Avoid putting the word "nokia" in the domain name!

    Id go for that and see how you go
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    • Profile picture of the author scottgallagher
      yeah, I got reemed by ebay for this. I bought several domains years ago with the name ebay in it. Even before the sites were live, ebay legal team had contacted me and requested I cease use of the domain (which I wasn't using) or give it to them.

      I did nothing, never put a site up and left it. The problem has gone away.

      Moral....it's not illegal to own or buy, but copyright infrigements begin to happen when there is commerce transacted. This is NOT legal advice!!!
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    • Profile picture of the author Joe118
      Originally Posted by TheChimp View Post

      I would definately steer clear of putting a trademarked name in your domain, especialyl without written permission.

      I do really like the above suggestion about "buy n97" or something similar. As this kills 2 birds with one stone:

      1) A targetted "buying" keyword
      2) Avoid putting the word "nokia" in the domain name!

      Id go for that and see how you go
      Chimp, this is absolutely ultra-targeted traffic, if they click through the link from Google they *will* be very hot to buy.
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  • Profile picture of the author Spencer Jones
    I found a few domains like this one with the name on it...

    The Nokia Phone Blog

    But I am still in cofusion, would be greatful if somebody can straighten up the confusion. Will there be any problem using model number in domains???

    Thanks...
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    • Profile picture of the author arttse
      Spencer Jones

      The sensible thing to do will be to contact Nokia's legal department and ask them if they dont mind you setting up a domain that includes the words NOKIA. Depending on the domain you choose, you may be ok.

      You should be able to email them with your enquiry, and that way, you will have a response in writing - which is what you want.


      As a side note, I noticed googlesniper.com has the words google in the domain and yet google seems to have ignored this...so there's a chance Nokia may be okay with it.
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      • Profile picture of the author Spencer Jones
        Originally Posted by arttse View Post

        Spencer Jones

        The sensible thing to do will be to contact Nokia's legal department and ask them if they dont mind you setting up a domain that includes the words NOKIA. Depending on the domain you choose, you may be ok.

        You should be able to email them with your enquiry, and that way, you will have a response in writing - which is what you want.


        As a side note, I noticed googlesniper.com has the words google in the domain and yet google seems to have ignored this...so there's a chance Nokia may be okay with it.
        I searched for contact details for nokia' legal issues, but couldn't find any. So I am just going to use the contact page on nokia site for my region.

        If anyone know of a better and much specific nokia contact address, it will be very helpful.

        Thanks...
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        • Profile picture of the author JohnMcCabe
          First thing, trademark and copyright are two separate issues.

          You can't claim copyright on a name, like Nokia. You can, however, register a trademark the prevents anyone else from using the name in connection with Nokia products.

          The same applies to model names, numbers, etc.

          You can start your search here:

          http://tess2.uspto.gov/

          Nolo has a free FAQ at:

          Conducting a Trademark Search FAQ - Free Legal Information - Nolo

          To answer the original question, using the Nokia name in a domain for a site selling cell phones would almost certainly be a trademark infringement. Using the model names or numbers would depend on whether they were also registered as trademarks.

          As an example, Disney is a protected trademark. So are "Mickey Mouse", "Donald Duck", etc.

          Many times you can use a trademark under the Fair Use doctrine. One poster's mention of Google Sniper would likely fall under that doctrine. The product owner is promoting a method of making money using Google, as opposed to positioning the product as another search tool. Because of that distinction, they can get away with using the name.

          In another thread on the subject, I offered the example of an auto repair shop that specialized in repairing Ford Mustangs. It would be considered fair use to call the shop "Ford Mustang Repair of Boondocks" even though both Ford and Mustang are trademarks when referring to cars. It would be difficult to describe the business without using the marks, and the shop makes no pretense of being affiliated with Ford.

          Helps?

          EDIT: Spencer, try looking for a contact for either Marketing or Corporate Relations. Either of those, in your area, should be able to forward your query to the right person. Don't be surprised if you get a form letter saying no...
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  • Profile picture of the author GeorgR.
    i would be very surprised if its NOT a trademark(violation)...
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  • Profile picture of the author bobsstuff
    In another thread on the subject, I offered the example of an auto repair shop that specialized in repairing Ford Mustangs. It would be considered fair use to call the shop "Ford Mustang Repair of Boondocks" even though both Ford and Mustang are trademarks when referring to cars. It would be difficult to describe the business without using the marks, and the shop makes no pretense of being affiliated with Ford.

    Be careful with that one too. Get legal advice.
    Years ago when "Herby The Love Bug" was popular a friend named his Volkswagen repair shop "The Bug Doctor".

    Disney made him change the name. I don't know the details. Did Disney have deep pockets and threatened a lawsuit that he could not afford? Was he really violating a trademark or just being intimidated?

    As I recall, he could not use Volkswagen in the name either. His shop name ended up something like "Foreign Auto Repair"

    Times change, laws change. Get legal advice.
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    Bob Hale
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  • Profile picture of the author Neil Morgan
    Why lose sleep over the issue?

    Just choose something else.

    Cheers,

    Neil
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  • Profile picture of the author davisbrands
    You can always host in a friendly jurisdiction like Antigua or most of the caribbean the local govts are too inept to enforce much of anything and by the time anyone can get anything straight your product will be obsolete.
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  • Profile picture of the author digigo
    I am not a lawyer.. you are not paying me.. this is not legal advice..

    I think it would be OK.... have you not seen retail stores using Nokia in their name?? same with website.. as long as you sell exclusively Nokia product.. you are their distributor.. you are not competing with them.. you work for them.. it would be ok... any real lawyer here cares to challenge my rationale here?
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    • Profile picture of the author Spencer Jones
      Originally Posted by digigo View Post

      I am not a lawyer.. you are not paying me.. this is not legal advice..

      I think it would be OK.... have you not seen retail stores using Nokia in their name?? same with website.. as long as you sell exclusively Nokia product.. you are their distributor.. you are not competing with them.. you work for them.. it would be ok... any real lawyer here cares to challenge my rationale here?
      Hey... You are right. But still, who knows what offends them and what not...
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    • Profile picture of the author whateverpedia
      Originally Posted by digigo View Post

      have you not seen retail stores using Nokia in their name??
      That would be because they are AUTHORISED Nokia dealers. Nokia has given them PERMISSION to use the name. The stores may well be OWNED by Nokia.
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      • Profile picture of the author Tina M. Rideout
        I am no lawyer, but common sense would tell me you are looking for trouble using name brands in your domain.

        I work with and sell a wide variety of name brand products, and I still need to be careful about the way I promote products.

        It is a very slippery slope. You must make sure you have permissions from every possible angle to avoid trouble.

        Tina
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  • Profile picture of the author Ash R
    John, thanks for your detailed reply. I've been meaning to get into being an affiliate of physical products, and your explanation makes a lot of sense to me. I don't want any unwanted tangling! Naming the product would help in SEO, but I'd rather play it safe and use generics
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  • Profile picture of the author sbucciarel
    Banned
    Nokia or any trademark is protected and if they want to pursue it, they can send a C&D letter at the least, file a lawsuit at the most. Better to get a more general domain and use Nokia as a category or tag.
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  • Profile picture of the author master
    As I know the using brand name in your domain is a violation of trademark low if you are not the owner of this Brand. People try to use different related words without using the brand name itself (for example model name without words "Sony" or "Nokia". My advise is do not use this word and you will sleep quietly.I tried to join brand name with the word "my" like one word "mysony..".Still working, but I wouldn't make it a second try.
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    • Profile picture of the author Spencer Jones
      Just got a reply mail from Nokia. Here it is...

      ===============
      Dear Dr. Jones,

      Thank you for contacting us. Unfortunately we cannot grant permission for third parties to use our trademarks in domain names that are not owned by us. However, we are grateful that you have contacted us in regard to this issue and hope you understand our standpoint.

      Best regards,
      Nokia Brand Clinic
      ===============
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