Can you tell me if this is trademark infringement

6 replies
Hey warriors help me understand something....

Brazilian Blowout is a trade marked name, and at the same time its also a hair stye.

Am I infringing on their trademark if i use a domain like
www.haveyouheardofthebrazilianblowout.com
#infringement #trademark
  • Profile picture of the author GeoMasters
    Most likely, but I'm no lawyer. I would stay away from any domain that has a trademarked name in it.
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    • Profile picture of the author packerfan
      For legal advice see a lawyer. In general though... if your site has nothing to do with the trademarked thing, it's fine.

      I could have a site that called I sell apple products. And sell peelers and apple corers (if that's a word) and Apple the PC company couldn't do anything about it. (this example might be pushing it)

      Anyway, if you need legal advice get it from a lawyer.
      Signature

      Nothing to see here

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  • Profile picture of the author sbucciarel
    Banned
    Brazilian Blowout is a line of straightening and smoothing products for hair. The resulting hairstyles are just straightened hair using those products, so there isn't a hairstyle called the Brazilian Blowout. It is products and technique used for straightening the hair.

    So I don't think you could safely register that domain.

    Disclaimer: Not a lawyer. If you want a definitive answer, contact a trademark lawyer.
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  • Profile picture of the author davezan
    Originally Posted by Curtez Riggs View Post

    Am I infringing on their trademark if i use a domain like
    www.haveyouheardofthebrazilianblowout.com
    If you're aiming to make money off of that without their permission, yes.
    Signature

    David

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    • Profile picture of the author GMD
      Banned
      While there are always a million loopholes and other grey areas, the rule of thumb to follow is this:

      1. If you're intending on making any kind of money off of using their trademarked name, you'd run afoul of the law. That means if you use the domain name that you've referenced to earn any kind of income, the company would have a case against you.

      However, while this is not responsible to suggest I will anyway: some people register these names knowing their running afoul of the other parties' rights and end up making money and the company/trademark holder does nothing. Should you? That's your own decision to make though it would be advisable to just stay in white areas and avoid grey/black areas.

      2. You COULD use the name to "expose" or "critique" the company. A fairly goodexample (expect for the fact that they've made a "sucks" website and are trying to profit off of it -- this website MINUS the sales pitch would have been okay):

      Terms of Service

      The bottom line is you're obviously looking to make some kind of money out of this and I think no matter what you'd be doing yourself a disservice by riding the coattails of another company to earn a few dollars.

      If you've already registered the name, let it sit and expire or just contact the company and offer the domain to them (at least make the written offer and even if they do nothing, at least you could show proof that you've offered the name back should they come back later in the future -- thought some might say that wouldn't be a good idea, because, legally speaking, you're making an admission that you're in the "wrong").
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  • Profile picture of the author timbarker
    Banned
    Obviously you might be in trouble if you registered that domain. Especially if your contents are related to their products.
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