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Question about "cyber-squatting"

by LeapingHorse
6 replies
I'm curious if anyone has information regarding the legality of registering domain names that contain brand names. This came to mind after verizon's lawsuit: InternetNews Realtime IT News - Verizon Wins Record Cybersquatting Judgment

This makes me wonder if it's illegal to register a domain that has a brand name in it - say - www.ilikekraftfoods.com or www.xboxsupersite.com (I don't own either

Is this illegal, or is it simply illegal if you are trying to mislead people into thinking the website is owned by Kraft or Microsoft? I'm a little confused here!
#cybersquatting #question
  • Profile picture of the author Chris Lockwood
    Avoid unless you enjoy legal action.
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  • Profile picture of the author LeapingHorse
    Well, I think it brings up an interesting topic. Many of us have domains registered that have some brand name in them.
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  • Profile picture of the author Jared Alberghini
    Take Chris' advice. Unless you want to be sued by the likes of Verizon, Microsoft or anyone else for that matter that holds a trademark:

    InternetNews Realtime IT News - Microsoft Sues Cybersquatters

    Steer clear of this. Almost all cybersquatting court-case decisions are against cybersquatters.

    http://en.wikipedia.org/wiki/Anticyb...Protection_Act

    Unless you think you have better lawyers than they do...

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  • Profile picture of the author TheRichJerksNet
    Bottom line just stay away from any registered trademarked names .. That is the best practice you can do...

    cyber-squatting is illegal and there was a long thread here a month or so back on this very topic. Many people including the all so-called famous Dr. Jeffery Lant (so-called famous, not my opinion) found this out the hard way...

    James
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    • Profile picture of the author bgmacaw
      The laws are complex and largely untested since it's difficult for the 'little guy' to stand up to corporate legal intimidation. Therefore, it's best to avoid well known trademarks and/or the appearance of bad faith usage of a trademark name. Well, unless you're worth millions or you have a rich lawyer relative who'll take your case pro bono.

      That said, there are companies that don't mind you using their brand name to sell their products as long as you don't kick their butts in search results and have them in a positive light. But, there are those that are extremely litigious. For example, Prince likes to sue fans for showing his trademarks in a number of obvious 'fair use' forms and Proactiv has sent people cease and desist orders for having their brand name in <H?> tags.
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  • Profile picture of the author sylviad
    Many affiliate programs don't mind if you use their product name in your URL, but it's important to check with them first before you do, just to clear it with them.

    If you're really talking about the big brands, like Kraft Foods, you could always send a message to their legal department to seek their opinion. (Of course, keep their response as proof that they okayed it.)

    I say that, because you see people using brand names all the time - in books or on shows, for instance. In fiction, rather than saying "tissue", the author might choose Kleenex. I'm sure the publishers checked the legalities before letting those references through.

    Sylvia


    Originally Posted by LeapingHorse View Post

    I'm curious if anyone has information regarding the legality of registering domain names that contain brand names. This came to mind after verizon's lawsuit: InternetNews Realtime IT News - Verizon Wins Record Cybersquatting Judgment

    This makes me wonder if it's illegal to register a domain that has a brand name in it - say - www.ilikekraftfoods.com or www.xboxsupersite.com (I don't own either

    Is this illegal, or is it simply illegal if you are trying to mislead people into thinking the website is owned by Kraft or Microsoft? I'm a little confused here!
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