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theking

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#1

Questions about domain names

03-27-2004, 01:48 PM

If someone has a domain name that is parked (not actually in use) and one uses a derivative of that name ie...

freemaps.com (just as an example is parked and lets say was registered in '99...I actually do not know anything about this domain name.)

Is one safe in using...

1stfreemaps.com assuming that freemaps.com is parked

Does being parked have any bearing upon the matter or does any derivative of freemaps.com open one up for legal problems?

Answers from the knowledgeable please?

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DarkJedi

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#2

03-27-2004, 01:50 PM

depends on the name.
if its a brand - you cant use it.
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montel

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#3

03-27-2004, 01:52 PM

stop talking about your domain as a 'derivative' of the other.

this is what you are saying:
"my domain is completely different. any resemblance to the other domain is sheer coincidence. there is no trademark violation."

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#4

03-27-2004, 01:57 PM

There is always risk, whether parked or in use, parked seems safer though...

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#5

03-27-2004, 01:58 PM

Originally posted by DarkJedi
depends on the name.
if its a brand - you cant use it.

Is what you are saying means that the name is a copyrighted name such as coke-a-cola...pepsi etc.?

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#6

03-27-2004, 02:02 PM

Originally posted by DarkJedi
depends on the name.
if its a brand - you cant use it.

yap.

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theking

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#7

03-27-2004, 02:08 PM

Originally posted by montel
stop talking about your domain as a 'derivative' of the other.

this is what you are saying:
"my domain is completely different. any resemblance to the other domain is sheer coincidence. there is no trademark violation."

Well the hun...for expamle claims that any domain name that uses the word hun...he can and will sue you and claims to have successfully done so on multiple occasions.

If what he is saying is true then a domain name that held the word maps...as in my example...would open one up for a lawsuit.

I find it difficult to believe that the use of a same word...ie the word exchange...in a domain name can open one up for a lawsuit but some claim that this is the case.

In other words I find it difficult to believe that if a domain name resembles another in any way (ie certain words)...even if they are dealing in the same "product" that one can be sued or forced to give up the domain name...but some claim this to be the case.

If this is the case why do domain registrars sell derivitives of registered domain names?

Does anyone know of a link that explains the legalities of domain names.

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theking

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#8

03-27-2004, 02:18 PM

To put it a little closer to home another example would be...

adult.com

1stadult.com

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BigFrog

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#9

03-27-2004, 02:21 PM

you are dumb.
just needed to get that out of the way.

the answer to your question is simple. a parked page isnt a business that's up and running.....the hun has been up and running for years and has an actual name to protect.

other than that, the other guys were right....if it's trademarked stay away from it.
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#10

03-27-2004, 02:23 PM

Originally posted by theking
To put it a little closer to home another example would be...

adult.com

1stadult.com

no, you cant trademark word "adult"
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#11

03-27-2004, 02:28 PM

Putting 1st in front of it shuold be safe... unless someone has 'adult' TRADEMARKED for porn use and you are going to use it for porn. (1stadult.com)

Hun, Pepsi. coke etc are trademarked names. So they can come after you in certain instances. theHun canNOT come after you if you use 'hun' in a domain AND you are not using it for anything related to adult etc.

Pepsi etc CAN come after you for the simple reason.. they have a whole different set of defs... and they offer a tangible product. Its kind of hard to explain. But thats the gist if it.

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#12

03-27-2004, 02:31 PM

Originally posted by BigFrog
you are dumb.
just needed to get that out of the way.

the answer to your question is simple. a parked page isnt a business that's up and running.....the hun has been up and running for years and has an actual name to protect.

other than that, the other guys were right....if it's trademarked stay away from it.

OK then educate me you smart ass...the post below says that the word "adult" cannot be trademarked...thus inferring that it is perfectly OK to use the domain name 1stadult.com

Why then wouldn't it be the case that 1stthehun.com cannot be used...according to the hun. As how could the word "the" and a historical word "hun" be trademarked.

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#13

03-27-2004, 02:33 PM

Originally posted by theking

OK then educate me you smart ass...the post below says that the word "adult" cannot be trademarked...thus inferring that it is perfectly OK to use the domain name 1stadult.com

Why then wouldn't it be the case that 1stthehun.com cannot be used...according to the hun. As how could the word "the" and a historical word "hun" be trademarked.

basically you could register 1stthehun.com and do whatever you wanted with it.....as long as it had nothing to do with a tgp. in this specific case though, i think it would be safer if the domain had nothing to do with the online adult industry whatsoever.
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#14

03-27-2004, 02:33 PM
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#15

03-27-2004, 02:34 PM

Originally posted by theking

OK then educate me you smart ass...the post below says that the word "adult" cannot be trademarked...thus inferring that it is perfectly OK to use the domain name 1stadult.com

Why then wouldn't it be the case that 1stthehun.com cannot be used...according to the hun. As how could the word "the" and a historical word "hun" be trademarked.

oh, and adult is a general word......thehun is not.
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#16

03-27-2004, 02:35 PM

Originally posted by BigFrog

oh, and adult is a general word......thehun is not.

Bingo.
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#17

03-27-2004, 02:46 PM

Originally posted by BigFrog

oh, and adult is a general word......thehun is not.

The word "thehun" used in combination may not be a general world but a domain name 1st-the-hun.com does not apply the word "thehun" in combination but I would supect that if you started a TGP using 1st-the-hun....the hun would at the least threaten to sue you and surely the word "the" and the word "hun" cannot be traded marked by him?

BTW what is your resume of expertise pertaining to the legalities of the use of domain names?

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#18

03-27-2004, 02:47 PM

Originally posted by theking

BTW what is your resume of expertise pertaining to the legalities of the use of domain names?

i can read fucktard.
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#19

03-27-2004, 04:28 PM

Originally posted by theking

Well the hun...for expamle claims that any domain name that uses the word hun...he can and will sue you and claims to have successfully done so on multiple occasions.

If what he is saying is true then a domain name that held the word maps...as in my example...would open one up for a lawsuit.

I find it difficult to believe that the use of a same word...ie the word exchange...in a domain name can open one up for a lawsuit but some claim that this is the case.

In other words I find it difficult to believe that if a domain name resembles another in any way (ie certain words)...even if they are dealing in the same "product" that one can be sued or forced to give up the domain name...but some claim this to be the case.

If this is the case why do domain registrars sell derivitives of registered domain names?

Does anyone know of a link that explains the legalities of domain names.

The hun is full of cucumbers
but If I was him I would say the same thing.
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#20

03-27-2004, 04:39 PM

The issue is not about domain names but about brand names in general.
You have to be careful. Check for other trademarks before deciding on your name. Make sure you are clear unless you have the money to fight.
an average IP lawsuit in the U.S will run you about 1.5 millions, and that's BEFORE the judge rule.
My advice.. do your best to find the info yourself and then consult with your attorney.
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theking

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#21

03-27-2004, 04:41 PM

Originally posted by BigFrog

i can read fucktard.

Well..in that case your expertise...as pertains to domain names...is not anymore qualified than my expertise and all others than have the ability to read.

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#22

03-27-2004, 04:53 PM

Originally posted by BigFrog

oh, and adult is a general word......thehun is not.

So you think he's gonna sue http://atillathehun.com/ ?

.
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#23

03-27-2004, 05:00 PM

http://ecommerce.wipo.int/domains/

Anyone who takes u to court over a domain name is retarded unless they want to get a pile of damages, which is probably a stretch.

WIPO is almost always the first stop, it will only cost them $1500 and if they have a good case they will win. If you lose all you lose is the domain it costs you zip. I've lost a few times

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shepherd

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#24

03-27-2004, 05:05 PM

So you think he's gonna sue http://atillathehun.com/ ?

I learned the hard way.. this is not about justice but about what one can spend. If they want they can go after it, make the other party pay so much that they will clearly have no interest fighting it.
I went to court on a TM case few years ago. Before the first hearing I already spent 20k. Needless to say, the other company was a billion dollar co. and I realized there's no point fighting anymore, and we settled. They got what they wanted.
For me, 20k was allot. For them, this was probably just another fun day in court.
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#25

03-27-2004, 05:17 PM

Here ya go, theking

http://www.uspto.gov/

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#26

03-27-2004, 05:21 PM

Originally posted by theking

Well..in that case your expertise...as pertains to domain names...is not anymore qualified than my expertise and all others than have the ability to read.

yes, im a highly qualified copyright lawyer hanging around gfy to answer dumb questions from the likes of you. get real.

obviously im more qualified than you though since i read and understood.

but if you do have anymore questions i'd be happy to answer them, and i'll do my best to keep the smartass remarks to a minimum.
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#27

03-27-2004, 07:46 PM

Originally posted by Honeyslut
Here ya go, theking

http://www.uspto.gov/

Thanks for the link. If the domain name does not use a trademarked name there does not seem to be alot of concern...other than someone forcing you to defend the name in court...or not.

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#28

03-27-2004, 07:47 PM

Originally posted by DBW

The hun is full of cucumbers
but If I was him I would say the same thing.

thehun is a registered trademark name.

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#29

03-27-2004, 07:48 PM

Originally posted by BigFrog

yes, im a highly qualified copyright lawyer hanging around gfy to answer dumb questions from the likes of you. get real.

obviously im more qualified than you though since i read and understood.

but if you do have anymore questions i'd be happy to answer them, and i'll do my best to keep the smartass remarks to a minimum.

I did state in the initial post..."Answers from the knowledgeable please?" You are dismissed.

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#30

03-27-2004, 07:48 PM

[QUOTE]Originally posted by sacX
[B]http://ecommerce.wipo.int/domains/

http://ecommerce.wipo.int/domains/

sorry link was broken.

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theking

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#31

03-27-2004, 09:19 PM

[QUOTE]Originally posted by sacX
[B]

Originally posted by sacX
http://ecommerce.wipo.int/domains/

http://ecommerce.wipo.int/domains/

sorry link was broken.

A reasonable source of information...thanks.

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