Domain Name Question..

12 replies
Are there certain words that cannot be trademarked or copyrighted?

Generic words like "Poker" "Health" "No" "club" " Green"

Can i use these words or similer in my domain name?

Kind regards

blueclcl
#domain #question
  • Profile picture of the author Richard Tunnah
    No in short is the answer to trademarked. It depends on the context of how they are being used. Apple and windows are famous trademarks that you'll get into trouble with repective companies if you buy a domain with these keywords in and attempt to market similar or same products.
    There was the famous case of a uk skydiving company that owned sky.co.uk. Sky tv bought it from the company for a large fee.
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    • Profile picture of the author Matt Morgan
      Adjectives (descriptive words) can be used,
      such as
      hot,
      cold,
      powerful,
      amazing etc.


      Company names such as:
      Youtube
      Windows
      Amazon
      KFC
      etc

      then you should be careful of as you can get in to some legal hot water.

      Poker, Health, No, club and Green are not company names.

      Do you need any help picking one? then you can pm me.
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    • Profile picture of the author davezan
      Originally Posted by Richard Tunnah View Post

      It depends on the context of how they are being used.
      To be exact, a generic word cannot become a trademark in its generic meaning.
      Apple cannot become a trademark for the fruit, but it is one for electronics.

      Does that make sense, blueclcl?
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      David

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      • Profile picture of the author bengirwb
        You can have a domain named Paypalsucks.com (but that may be taken).
        Or BestusedFordtrucks.com (but that may be taken).
        Or bestKindlebooks.com (but that may be taken).

        In those cases, you do not indicate that you are Paypal or that you make Ford trucks or Kindle ebook readers, which is the purpose of trademark protection.
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        • Profile picture of the author Jeff Burritt
          Banned
          Yes you can have BlankNameSucks.com until you get a cease and desist


          Originally Posted by bengirwb View Post

          You can have a domain named Paypalsucks.com (but that may be taken).
          Or BestusedFordtrucks.com (but that may be taken).
          Or bestKindlebooks.com (but that may be taken).

          In those cases, you do not indicate that you are Paypal or that you make Ford trucks or Kindle ebook readers, which is the purpose of trademark protection.
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      • Profile picture of the author Richard Tunnah
        Originally Posted by davezan View Post

        To be exact, a generic word cannot become a trademark in its generic meaning.
        Apple cannot become a trademark for the fruit, but it is one for electronics.

        Does that make sense, blueclcl?
        David - you said it much better than I did!
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  • Profile picture of the author John Romaine
    Ask a legal professional experienced in domains.

    Not here on a public forum.
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    • Profile picture of the author blueclcl
      Originally Posted by John Romaine View Post

      Ask a legal professional experienced in domains.

      Not here on a public forum.
      Was waiting for a reply like this!

      Although your correct, I was just trying to get a general idea from others who may have experience in this..I was not going to take anyones opinion as legal advice.

      .
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    • Profile picture of the author serryjw
      Great website for your question:
      Intellectual Property Forum - Index
      Remember a trademark is for the category of business. The Apple example is perfect.
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  • Profile picture of the author talfighel
    If you are going to use a company name in your domain name, then I don't think that you can use that unless you get written permission from them. This is something I would not recommend you do unless you get the proper authority to allow you to do this.

    Originally Posted by blueclcl View Post

    Are there certain words that cannot be trademarked or copyrighted?

    Generic words like "Poker" "Health" "No" "club" " Green"
    l
    There is no rule that I know of that says that you can not use these words. Again, you don't want to use a company name in your domain.
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  • Profile picture of the author Mo Goulet
    If a term you are using contains a trademarked or registered word/phrase, you are taking a chance. If it is challenged by the owner, you will lose. I've won 3 out of 3 challenges to TM violation charges on TM's that I own personally. (SmokeScents & TranStream).

    Why take a chance?

    General terms like poker are always safe...

    I own the name YadaPoker.com if you are interested.
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