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vague domain name trademarking issue

by Nathan251
9 replies
ok i know it's never a good idea to use company name's in your URL like "cheap-photoshoptutorials.com" or something like that but in some areas the notion of trademarking is rather vague

I have seen lots of unofficial websites relating to london2012 olympics for example although i'd expect them to be clamped down on at some stage

but what about the word "olympic" or "olympics" itself, surely the word isn't trademarked, it is an adjective in the english language relating to ancient Greek gods and goddesses

so imagine a domain like "olympiceventguide" or "olympicseventguide" was still available - do you think you would be in breach by using something like that? and another thing are they more likely to come down heavy on the word "olympic" orr "olympics"....the olympic games in london are just a few months away so I'd like some clarity on this issue
#domain #issue #trademarking #vague
  • Profile picture of the author Gene Pimentel
    The word Olympics is indeed a Trademark, and a very aggressively protected one. Whether or not is is a dictionary word, the way you USE it is usually what determines whether or not you are violating the Trademark. If you are using it with anything related to the "Olympics" as we all know it and are gaining anything from it, you are violating the trademark.

    If you are using it in relation to "ancient Greek gods and goddesses" or other non-commercial content, you stand a much better chance of not getting into a legal dispute.

    I am not a lawyer and this is not legal advice.
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    • Profile picture of the author Nathan251
      Originally Posted by Gene Pimentel View Post

      The word Olympics is indeed a Trademark, and a very aggressively protected one. Whether or not is is a dictioary word, the way you USE it in your context is usually what determines whether or not you are violating the Trademark.
      ok so if you are reselling olympics tickets or merchandise i'd imagine they'd come after you but what if you are just reporting on the sporting events, the traffic, the stadiums etc., i doubt they'd get annoyed so much by that


      also why not just get around the issue by using the word "olympic" instead?
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      • Profile picture of the author Gene Pimentel
        Originally Posted by Nathan251 View Post

        ok so if you are reselling olympics tickets or merchandise i'd imagine they'd come after you but what if you are just reporting on the sporting events, the traffic, the stadiums etc., i doubt they'd get annoyed so much by that
        You are still violating their Trademark if you are using it in any way related to their events. Nothing vague about it.

        Originally Posted by Nathan251 View Post

        also why not just get around the issue by using the word "olympic" instead?
        No difference.
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    • Profile picture of the author warr sk
      Originally Posted by Gene Pimentel View Post

      The word Olympics is indeed a Trademark, and a very aggressively protected one. Whether or not is is a dictionary word, the way you USE it is usually what determines whether or not you are violating the Trademark. If you are using it with anything related to the "Olympics" as we all know it and are gaining anything from it, you are violating the trademark.

      If you are using it in relation to "ancient Greek gods and goddesses" or other non-commercial content, you stand a much better chance of not getting into a legal dispute.

      I am not a lawyer and this is not legal advice.

      Gene,

      I searched for "olympics" in Trademarkia. It is showing different trademarks for " XX Olympics" "XX XX Olympics" where XX are some words. I haven't found trademark for exact word "olympics"

      Please correct me if there is wrong in my search. I don't know if Trademarkia is best site to search or not

      "Domaining XX" is also showing in trademark. Does that mean nobody can use the word domaining in their domain names?


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      • Profile picture of the author Gene Pimentel
        Originally Posted by srik View Post

        Gene,

        I searched for "olympics" in Trademarkia. It is showing different trademarks for " XX Olympics" "XX XX Olympics" where XX are some words. I haven't found trademark for exact word "olympics"

        Please correct me if there is wrong in my search. I don't know if Trademarkia is best site to search or not

        "Domaining XX" is also showing in trademark. Does that mean nobody can use the word domaining in their domain names?
        A trademark exists whether or not it is officially registered. Therefore, if you see it listed at a resource like Trademarkia, you can be sure. But if you do NOT see it listed, that doesn't mean it is not a trademark.

        If "Domaining XX" is a registered trademark, then they have the right to protect it by preventing others from using it in a way that might confuse or mislead customers into thinking the third party is connected with them.
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  • Profile picture of the author davezan
    This is maybe needlessly simplistic...but adding to what Gene said, the IOC will be bothered
    by anybody who essentially "rides" on their trademark to make money off of it without their
    consent. You arguably could get away with it if you made commentary without making any
    money whatsoever, but some trademark holders are still very protective as stated earlier.

    That's why I tell people that it really depends on who you're dealing with, whether you got
    a case or not.
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    David

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  • Profile picture of the author misha7878
    I think go for it. At worst they will send you a letter take it down and if you do then the issue will be put to rest.
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    • Profile picture of the author Gene Pimentel
      Originally Posted by misha7878 View Post

      I think go for it. At worst they will send you a letter take it down and if you do then the issue will be put to rest.
      This is horrible advice. Please don't hand out damaging advice like this. If he's caught (and he likely would be), the LEAST that will happen is he'll receive a cease & desist letter. It is not uncommon to be fined $100,000.00, before even hiring a lawyer.
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    • Profile picture of the author Alexa Smith
      Banned
      Originally Posted by misha7878 View Post

      I think go for it. At worst they will send you a letter take it down and if you do then the issue will be put to rest.
      This is completely wrong.

      A take-down demand is far from the worst that can happen. It's about the best that can happen! :rolleyes: :p

      Why do so many people offer such grotesquely misguided advice when they simply don't know what they're talking about ...
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