I DONT WANNA GET SUED... HELP (Trademark Infringement)

by 28 replies
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If I wanted to register a domain name or start a company using a popular name, what draws the line?

Some examples:

AmazonPowerEquipment.com could be infringement on Amazon.com
BlueBerry could be infringement on BlackBerry
Taco King could be infringement on Burger King
Apple Sunglasses could be infringement on Apple Computers

So what do you think draws the line? These are common names in the english language, can I register stuff like this without getting sued!?!?
#main internet marketing discussion forum #infringement #sued #trademark #wanna
  • If it is trademarked and you are going to promote a product or anything that could be confused with the trademark holders site... Don't add it to a domain name. It's that simple.

    Re's
    Rob Whisonant
    • [2] replies
    • This x1,000

      /Thread.
    • Can't I trademark AmazonPowerEquipment and then have the right to register it's domain name, AmazonPowerEquipment.com?
      • [2] replies
  • Money. And time. If you have both you can fight in court for years.

    J/K

    Rob said it all. If it's trademark (with all the not so explained implications...) you better use something very DISTANT from those names/brands:

    Amazon - colcapitra
    BlackBerry - hunipati

    etc etc

    The longer the probability of these companies harassing you, the better.
  • EDIT:

    From Amazon.com Help: Conditions of Use

  • It is not going to create a problem for sure like Rob Whisonant mentioned earlier you will only get in trouble if you provide similar services as Amazon. Also, you have to grow BIGGG to get noticed by Amazon to take action and invest/waste their attorney fees on.
    • [1] reply
    • Or you could just avoid the problem altogether by registering a domain that can't possibly be construed as infringement, eg. BestPowerEquipment .com. Then you can devote your energy to building a business instead of worrying about how to get around trademark issues.
  • To be sincere I really don't can be trademarked with Blackberry as it is the name of a fruit. The same thing goes for all the other ideas - I think what matters most is you not using any property of those popular trademarks that might suggest you're trying to infringe on their trademarks.
  • Banned
    Companies who trademark a name, trademark it in the category that their services fall under. If your category is not even remotely similar to the category that they file under, as in a couple of your examples, you might not run into problems.

    Use TESS to start your research on trademarked names and their filing category.
    http://tess2.uspto.gov/

    Disclaimer: Take this with a grain of salt. You really need a lawyer to answer this type of question.
    • [2] replies
    • Suzanne

      From past experiences, I know there are some tweaks and tricks in all that process.

      Example: You cannot register "blackberry peaches" in a totally unrelated category - cause it's using the trademark. Same thing for "nike carrots". Even if you try to use this in "vegetables", Nike will eat you alive.

      More: brands usually protect their trademark in a vast array of categories. Especially BIG brands. But since we're not legal advisers, as you said so well:

    • If you end up in court it won't help to point out "what the other guy gets by with" and there's no protection in saying "on the forum they said it was OK".
      The domain name you use as an example isn't online so either it's not real or it's been taken down.

      If you want a legal opinion, talk to a lawyer. If you want to risk it - that's your choice.

      kay
  • we risk it everyday with our grey hat techniques. (Any link building or SEO is NOT whitehat) Google could slap at any time. Why not take the risk and use the domainname if it's available.
  • You are way over thinking things - depending on how far you want to take your analysis, just about every name you come up with, could somehow infringe on another.

    Sounds like a case of analysis paralysis.
    • [2] replies
    • Banned
      ^^^^^^^^^^^^^^^^
      This kind of advice could cost you a fortune. Your money.
      • [2] replies
    • Hi Scott,

      Please don't shout (use CAPS) in your thread titles. It's not allowed and encourages others. Your needs are not any more important than anyone elses, even though they might seem so to you.

      Also, the wording of your request is deceptive, it implies that you desperately need assistance because you are being sued for trademark infringement, when in fact it's just another question that doesn't have any urgency to it at all as far as I can see.

      Using both of these tactics to get attention is actually self-defeating and counter-productive.

      Thankyou.
  • i did the same mistake before too. i used sonyelectronics. but before i got into trouble, i deleted the blog.
  • If you are seriously concerned it might be better to avoid using any name that you even remotely think could infringe on an existing trademark. Why waste the time building something up only to lose it the minute you've gotten comfortable. If you are really determined to give it a try go see a lawyer with trademark/business experience. Even with a lawyer you might end up in trouble, but it would probably be better than relying on information you read on the internet...
  • You know what may sound silly, but actually works. If you come up with a domain name and u get a funny feeling in your gut. That tells you that there's something wrong with that domain name and you're probably right.

    In real life you'll probably be able to register a good amount of infringing domains and never hear anything from the company that has the rights. That is until you start making money or surge up in the search engine listings. Then you'll probably get tapped on the shoulder.

    I would stay clear of names that will clearly be a problem and just get legal advice on those that you are unsure of.

    Of course, you aren't going to waste any money getting legal advice on a site that you plan to use for a short period of time, then dump.
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