Problems and need help, Big company ask allegations, sued for nothing

by Kom
15 replies
Problems and need help, Big company ask allegations,

What do you think? who's wrong this time, the domain buyers, the domain seller, or a big company ? give me your opinion !

My short opinion to minimize sued for nothing :

Domain Company : dont sale the domain or closed domain for sale
Big company : must be ready to buy all domains relative to Their company so no one Will have the opportunity to buy relatively domains.
So we free from this problem.

Can you give help, Who is professional and knows the law, give me advice about this, and what the reason!

I had no problem this time, just in it to know the law, in business online! and what can we do? just incase this problem happen in one day !

Thanks

KOM
#allegations #big #company #problems #sued
  • Profile picture of the author RobKonrad
    I read this three times but I still don't get what you are asking for not meant in an offensive way, but I really don't get your post...

    Chears,
    Rob
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    • Profile picture of the author robnoble
      I'm guessing this is to do with having domain names with a copyright brand name in them?!! In which case don't do it - those lawyer letters are scary!

      It really is hard to tell what you mean Kom. I think you need to take a deep breathe and start again.

      Best wishes
      Rob
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  • Profile picture of the author Kevin_Hutto
    Asking legal advice on a forum on the interwebs is not a great idea my friend.
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  • Profile picture of the author onSubie
    Hi

    As Kevin said for real legal advice- see a lawyer. It does depend on many things. The main one being the domain name in question.

    In general, if someone owns the trademark for a term used in your domain, then they could have the right to take that domain from you, usually at no charge.

    Depending on many legal factors you may:

    A) Retain the right to the domain if it is found you are not infringing on the trademark
    B) Lose the domain to the legal trademark holder
    C) Lose the domain to the legal trademark holder and pay penalty fees and fines

    It gets trickier when the trade name is also a regular English work like Delta or Apple, as opposed to Kodak or Sony.

    If you have a domain, moms-apple-shop.com and sell apples, apple pies and recipes then you would probably have grounds to fight a trademark dispute with Apple. But if you sell Apple products, they would have a much stronger case.

    If you have a domain best-sony-cameras.com ranking number one and making 5-6 figures a month selling cameras. Sony could not only take the domain, but likely hefty damages too.

    It wasn't clear from the OP if he is facing a dispute with an actual domain or asking "in general" about trademarks in the domain.

    If you ever face a real and not hypothetical problem, call a lawyer ASAP.



    Mahlon

    PS In answer to the one question that is clear:

    It is your responsibility to ensure your domain does not infringe on any trademark. The registrars do not police that, they can't possibly know if any word is trademarked, and even if it is, if your domain infringes. And it certainly cannot be expected for any trademark owner to have to buy every possible domain containing the trademark.
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  • Profile picture of the author Mary Wilhite
    Go and look for the nearest lawyer in your area who has a background on the internet and intellectual property rights.
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  • Profile picture of the author Kom
    For you guy Who dont understood my thread !

    Here I make more simple so hope you understand this time:
    Note: This case I was read from Other web , About domain name

    The big company can sue you for some kind of domain semilar " name Confusing agains low "

    for example Sony .com and you make free sony .com




    Anyway I am clear with Onsubie answer !

    Thanks

    KOM
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  • Profile picture of the author tpw
    Sony is a Registered Trademark name. If you chose a domain name with Sony in it, you could get sued, lose your domain, and pay big damages by court order.

    Without the Registered Trademark, it is more difficult for the company to win, but not impossible.

    I would advise playing safe. No sense in inviting someone to sue you.

    What it comes down to is that you will only be served by companies who are willing to defend their trademarks. Not all companies will defend their trademarks, but those who do can ruin you.
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    Publish Coloring Books for Profit (WSOTD 7-30-2015)
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    • Profile picture of the author Kay King
      Big company : must be ready to buy all domains relative to Their company so no one Will have the opportunity to buy relatively domains.
      So we free from this problem.
      No,

      The big company will not buy ALL domains with their name - they don't have to as they OWN the name. (trademark issue - nothing to do with copyright).

      This has been posted on this forum dozens of times - best rule is do NOT buy or register a domain with a "big company" name in the domain.

      I'm sure someone will post with exceptions and point out "other" domains that might be doing it - doesn't matter. If you don't fully understand trademark issues and don't have a lawyer advising you - stay away from big company names.

      kay
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    • Profile picture of the author onSubie
      Originally Posted by tpw View Post

      What it comes down to is that you will only be served by companies who are willing to defend their trademarks. Not all companies will defend their trademarks, but those who do can ruin you.
      This is what confuses a lot of newbies. All the marketers in forums say "never use trade names or you will get sued".

      Then the newbies go out doing niche research and find all sorts of sniper sites using trademarks in domain names and think, "huh? I thought that was illegal".

      The reality is a lot of companies do not actively pursue trademark infringements in domain names.

      Mahlon
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      • Profile picture of the author Kay King
        The reality is you have to use common sense in business. If a struggling IMer is asking about using a "big company" name in a domain it's because he plans to make money by using that name....and that's exactly the kind of site/domain where a company WILL be likely to enforce trademark.

        What other people do doesn't save your butt in court. There are ins and outs of trademark laws - but for someone who knows nothing at all about what a trademark is....staying away is a good plan.

        What I've noticed is more attention to trademark violations than I saw a few years ago. Companies are selling more online and they are increasingly protecting their brand online.
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        Saving one dog will not change the world -
        but the world will be forever changed for that one dog.
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  • Profile picture of the author Chris Worner
    Sigh.........when will people learn?

    -Chris

    FYI. Kay Nailed it perfectly.
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  • Profile picture of the author Chris Chicas
    Kom it seems you're the kinda feller that can get into trouble for no reason.

    I would say that if you are questioning if it's wrong - then it probably is.
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  • Profile picture of the author sbucciarel
    Banned
    Don't register domains with trademarks. Period. Why should a company have the burden of registering hundreds of crap domains just so you don't infringe on their trademark?

    So you do have to deal with this crap or get sued or have the domains taken away from you. If you can't deal with it, don't register domains. That'll keep you out of trouble.
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  • Profile picture of the author Kom
    I learn something new, I am play safe so far .
    I was reading one site talking about he get sue from other company, using free + " domain big company" he just 14 years old and he clear for that case, he got alot off traffic for that reason,
    and when they closed the domain, no further notice, and he call the domain after 3 day to change the domain name , he is the best internet marketing on age 14 years old,

    I bring this subject to make it more clear and hope can help to other IM who new and dont know yet about this ,,
    I mean we learn from the mistake, we try to minimise mistake from other experience.

    Thank guys
    your support will big help.

    KOM
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