Any issues using domains with "ipod", "ipad" or "iphone" in it ?

25 replies
Anybody owns such domains ? Is there any legal issues ? If anybody got any experience, please share...

Thanks
Dr.Spencer Jones
#domains #ipad #iphone #ipod #issues
  • Profile picture of the author Marcus C
    Originally Posted by Spencer Jones View Post

    Anybody owns such domains ? Is there any legal issues ? If anybody got any experience, please share...

    Thanks
    Dr.Spencer Jones
    I've not had any problems with the sites I've owned in the past, but if you're looking to build a solid long term asset out of your site, I would probably refrain from using trademarked names to avoid any potential problems later on.

    - Marcus
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  • Profile picture of the author CrisisCore08
    I've actually opened a topic about it,
    http://www.warriorforum.com/main-int...an-future.html

    The relusts are,no rule against it although you might end up in court,[buttom line of Wikipedia]
    Signature
    Personal Blog
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  • Profile picture of the author Danny Cutts
    If you like building a business on a crap foundation then go with it...

    Personally I wouldnt as I like sleeping at night

    Danny
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  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by Spencer Jones View Post

    Any issues using domains with "ipod", "ipad" or "iphone" in it ?
    Yes - huge issues, Spencer: they're tradenames owned by a company with an extremely litigous reputation!
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  • Profile picture of the author Randall Magwood
    I wouldn't mess with it. Just a familiar term related to these products, and get a domain name around this term.
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  • Profile picture of the author Black Hat Cat
    Banned
    I've had multiple domains with "ipod" in them for several years. Never had any problems. That's not to say you won't, however. Caveat Emptor.
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  • Profile picture of the author Spencer Jones
    Since apple is big on creating rumours and buzz around their upcoming product launches. Just wondered they'll be fine letting people use their domains to drive eyes and expectations towards their products. But after reading all the comments, I think not worth it...

    Thanks everyone...
    Dr.Spencer Jones
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    • Profile picture of the author Alexa Smith
      Banned
      Originally Posted by Spencer Jones View Post

      Just wondered they'll be fine letting people use their domains to drive eyes and expectations towards their products.
      The motivation/purpose of the parties breaching trademark rights aren't normally relevant at all, in these cases.

      The point is that owning a trademark effectively confers obligations as well as rights on the holder: when it comes to trademark renewal time, if it can be shown that they've knowingly failed to protect their rights with regard to the trademark, that can be held against them.

      Some companies, for this reason, have the policy of pursuing all breaches of the trademark routinely and without reference to the motives/purposes/circumstances/location of the defendant.
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  • Profile picture of the author Jason Johns
    Originally Posted by Spencer Jones View Post

    Anybody owns such domains ? Is there any legal issues ? If anybody got any experience, please share...

    Thanks
    Dr.Spencer Jones
    Hey Spencer,

    If you want to be sure check with Apple. I know Amazon do not allow you to use any of their trademarks. However, I have seen a lot of domains for sale on Flippa with iPod etc in the domain name.

    Ultimately it is up to Apple and you can drop them a line and ask if you want to be 100% sure.

    All the best

    Jason
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  • Profile picture of the author bosspulsa
    Ipod, Iphone and Ipad are Trademark. I Think you need to think about long time bussiness
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  • Profile picture of the author Danny Cutts
    Why don't you just buy a random domain and build it out... still easy enough to rank and you then have the power to switch products and what not without wasting money on domains....

    The way google is going at the moment and it looks like it wants super sites.... so build one :-)

    Danny
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  • Profile picture of the author OLechat
    We (at Flippa) actually remove auctions with the words iPhone/iPod in the URL because of potential issues with trademark infringement.

    Something to think about if you're looking to buy trademarked domains with an eye on selling is that the market for such domains is drying up fast.
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  • Profile picture of the author techbul
    If I were you I wouldn't go with it. It's just not worth it if you want to build a quality website that will last through the years.
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  • Profile picture of the author owenlee
    If you are unsure, don't go with it...what if one day your site has lots of traffic and making money for you and suddenly it was taken away from you...that will be bad...my advice will be avoid it..

    hope this helps
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  • Profile picture of the author Rbtmarshall
    http://www.chillingeffects.org/domain/faq.cgi#QID226



    Question: How was I supposed to know that my domain violates somebody else's rights?

    Answer: It is the domain name registrant's responsibility to make sure that the domain does not infringe or violate someone else's rights. According to the Policy, by applying to register or renew a domain name, you are saying that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations.

    Of course, you aren't expected to look up trademark registrations around the world or research legal issues like common law trademark rights. That's why the Policy requires the trademark owner (the complainant) to prove bad faith and why the Policy offers domain name holders the opportunity to demonstrate that they have rights or legitimate interests in the domain name. As mentioned above, the Policy was primarily intended to deter abusive domain name registration practices, not punish ordinary domain name holders who register a family name for the purpose of putting family news and pictures online or to prevent people with a legitimate business from registering a name they are commonly known by and then offering bona fide goods and services online.

    >>top
    Question: What if I don't live in the US? Can I still lose my domain name under the ACPA?

    Answer: Indeed, you can. If the mark owner is protected by US law (uses the mark in the US) then that mark owner can bring an ACPA action in a US court regardless of the domain holder's location. If the domain holder fails to show up in court, s/he may lose by default, in which case the US court will issue an order to the domain registrar or registry to cancel or transfer the domain registration to the mark owner. If the domain holder cannot be identified or located, the mark owner can bring an in rem action to obtain the domain name (see "What if the mark owner can't find the domain name holder?"). But the court must have authority over the registry or registrar holding the domain registration. All .com, .org and .net domain names are subject to the ACPA because the registry, Network Solutions, is located in the US. If the court does not have jurisdiction over the domain name registrar or registry, however, it will be difficult for the court to enforce its order outside the US. If neither the domain holder nor the mark owner has any contact in the US, then it isn't likely either can seek protection under US domestic laws, however, this is a question decided under treaties that govern international protection of trademarks. In such cases, the UDRP may be a more useful forum for the trademark owner to use.

    >>top

    Question: What civil and criminal liabilities may be imposed for trademark infringement?

    Answer: Under federal law (Lanham Act Section 32), an infringer shall be liable in a civil action by the registrant for certain remedies provided in the Act.

    One such remedy is an injunction, where a court orders a person who was found to violate the Act to stop its infringing activities.

    A trademark owner/registrant may also be able to obtain lost profits or damages against a defendant in a civil action only if the acts were committed with knowledge that such imitation was intended to be used to cause confusion, mistake, or to deceive. The trademark owner can recover (1) the domain holder's profits from use of the mark, (2) the trademark owner's damages resulting from harm to the value of mark, and (3) court costs as "actual damages." In determining the award to be paid, the court can choose to award up to three times the amount of actual damages. Instead of having to prove the amount of "actual" damages suffered as above, the mark owner can instead request payment of "statutory damages" from $1000 and $100,000 per domain name.

    Attorney fees may be awarded in exceptional circumstances, such as when there was a willful and malicious violation.

    The court can order the cancellation or transfer of a domain registration.

    In the case of a willful violation of Lanham Act section 43, a court may order that all labels, signs, prints, packages, wrappers, receptacles, and advertisements in the possession of a defendant bearing the registered trademark shall be delivered up and destroyed.



    and this:
    http://www.law.cornell.edu/uscode/text/15/chapter-22
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  • Profile picture of the author online only
    I wouldn't go with it.. Why?

    1) You can put this domain into CB marketplace
    2) You can't sell this domain on flippa.com

    Why the hassle? Cut the iphone and change to i. Better to remember as well..
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  • Profile picture of the author luisgab1
    I had registered a domain called: freeiphone5_____.com

    ... which was directing to a CPA Offer.

    (One of the words in the domain name I left blank because you never know, they might be watching us lol)

    But anyways, it was a stupid idea... and I will never do it again. I've heard too many crazy stories of people getting caught by big companies.

    Better play on the safe bro...

    Luis Gabriel
    Signature

    Senior Account Manager & Trader | CWMFX

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