Trademark domain question - GoFuckYourself.com

m0rph3us · 09-03-2002, 10:54 PM

If a certain company owns a trademark for their line for products 'blah (tm)' and let's say they are in the food industry (trademarks are only valid in the domain of business of the company right)?

Can I register let's say blahmag.com which would deal with the adult industry without digging myself in a legal hole ?

SleazyDream · 09-03-2002, 10:55 PM

you could still get sued.

chodadog · 09-03-2002, 10:56 PM

Trademark doesn't matter if it's a different industry. By the way, i'm launching Microsoft Foods and Macromedia sports drinks next week!

FATPad · 09-03-2002, 10:59 PM

Actually, it does matter if it's a different industry in most cases. There are exceptions made where a dilution of the original trademark would result, though.

If you had been in business for years making soft ice cream and selling it in really small cups under the name of MicroSoft Ice Cream you'd be okay.

I could be wrong, though. Always consult a lawyer and never listen to me.

chodadog · 09-03-2002, 11:09 PM

Ever heard of fuckford.com and fuckgm.com thing?
A guy in the UK registered jaguar.co.uk, a site actually about the animals; jaguars. Ford (jaguar's parent company) didn't even ask for the domain back, and when it was offered back, they declined. Instead, they chose to sue him, and take the domain, as well as damages.

It's not worth risking any sort of violation.

m0rph3us · 09-03-2002, 11:16 PM

chodadog,

that is different man.. fuckgm.com or fuckford are slander and totally create trademark dilliution.

I don't know how this company i'm talking about managed to trademark this work because it's a dictionary word from another language. So let's say i want to register gorditateens.com but McDonalds has their mexican product line 'Gordita (tm)'. Where gordita is a dictionary word in spanish.

hyper · 09-03-2002, 11:18 PM

if a company has a trademark on a name in a category
and you have a trademark on the same name in a different category. you cannot be sued for it.

just look at harvard there is 100 different marks with the same name.. just 100 different categories..

my advice is if you dont have a mark.. see if you can build a fan site.. those are harder to take away

m0rph3us · 09-03-2002, 11:26 PM

Hyper i think you might be deal on in this matter.

I think it's a different matter if you OWN the domain name which is the company's trade mark ie.. nissan.com .ca .ro .ru . whatever (see http://www.nissan.com for the famous case), however if i owned nissantrucks.com i think it would be ok even though it contains a trademark in the name (see http://www.whoisreport.com/nissantrucks.com )

I think I just answered my own question LOL

chodadog · 09-03-2002, 11:29 PM

m0rpheus and hyper.

The fuckford.com (not sure if that's the right domain, it was something similar though) site was eventually turned into an information about just how fucked up ford was. It was not the site in issue, although, ford did try to sue them as well.

The domain in question was jaguar.co.uk which wasn't inteded for use on a site about the animals of the same name. It had nothing to do with ford motor cars, or jaguar. It had to do with jaguars, as in the 4 legged animals! Ford STILL sued them, successfully mind you!

I'll try find the information. There were plenty of other non-automotive sites with names that ford had an interest in, where they sued.

Fletch XXX · 09-03-2002, 11:32 PM

2600.com still owns and runs fuckgeneralmotors.com

They were sued and won.

The Judge said you can buy any domain you want and point it to where ever you want. But they had only purchased the name and pointed it to ford.com or whatever their corporate site it.

http://www.2600.com/news/122201-files/ford-dec.html

chodadog · 09-03-2002, 11:36 PM

Fletch, i'm not talking about those domains. I refer you to this page, also owned by 2600.com

http://fordreallysucks.com/more_info.html

and in particular:

Quote:

Or read over the nightmare that Blue Oval News was put through. Or you can ask the guy in England who published Jaguarcenter.com (an animal preservation Website). Or Jaguarenthusiastsclub.com (Also animals, also England.) They got sued, too. Ford didn't sue in England or Sweden. They sued all these people in Detroit, Michigan.

......

Ford didn't just sue. Ford asked for $100,000 in damages. Not for all these cases put together - $100,000 per address! And Ford won't just let any of these people give up the names and walk away. Ford won't reimburse them for their registration and renewal costs.

chodadog · 09-03-2002, 11:37 PM

Oh, and don't forget this bit that i forgot to add:

Quote:

Wally Rawson (the parts guy) didn't want to be bothered with the lawsuit, so he just gave Ford both names. Ford is still suing him. Ford tells him he can't crawl out of the soup until he pays Ford $6000.00 ($3000 per name). The fordsucks guy, evidently, decided it would be cheaper to pay the blackmail than to fight it out in court.

Fletch XXX · 09-03-2002, 11:40 PM

Good stuff.

I support the 2600 crew.

chodadog · 09-03-2002, 11:46 PM

Yeah, 2600 kick some ass alright

But it's extremely disconcerning what these large corporations are able to get away with.

Lensman · 09-03-2002, 11:54 PM

Who owns gfysucks.com?

m0rph3us · 09-03-2002, 11:59 PM

Quote:

Originally posted by Lensman
Who owns gfysucks.com?

goodjob Lensman.. who did you have to sue?

volante · 09-04-2002, 12:23 AM

It all depends on what sort of a mood the courts are in. I couldn't see anything wrong with the site "People Eating Tasty Animals" which was at peta.org.

Unfortunately the lawyers at "People for the Ethical Treatment of Animals" (PETA) didn't see it that way, and neither did the judge... seems vegetarians don't have a sense of humour

UnseenWorld · 09-04-2002, 12:44 AM

You are assuming that the legal ramifications are only in the trademark area. I'm not an attorney, but one thing I do know is that anyone can sue you anytime over anything in civil court. If you step on some toes, and they feel they have a case that you are damaging their business or reputation, damn right they can sue.

If you want to find out if they can win, do whatever you're thinking of doing and when they take you to court, you'll have your answer.

Mikeee · 09-04-2002, 01:18 AM

Well, Im not sure of the legality, but if I owned "Blah" (tm) and you got some extension name to that, I would sue the fuck out of you. Get your own shit.

09-03-2002, 10:54 PM	#1
m0rph3us Confirmed User Join Date: Mar 2001 Location: Principality of Sealand Posts: 2,033	Trademark domain question If a certain company owns a trademark for their line for products 'blah (tm)' and let's say they are in the food industry (trademarks are only valid in the domain of business of the company right)? Can I register let's say blahmag.com which would deal with the adult industry without digging myself in a legal hole ? __________________ <font size="2" face="Tahoma"><a href="http://www.18blowjobs.com/webmasters/?640" target="_blank">Get paid $25 per signup</a> listing over <a href="http://galleries.18blowjobs.com/hosted.html" target="_blank">100 free hosted video galleries</a> - <a href="http://www.18blowjobs.com/webmasters/?640" target="_blank">Check it</a> » </font>

09-03-2002, 10:55 PM	#2
SleazyDream I'm here for SPORT Industry Role: Join Date: Jul 2001 Location: Phone # (401) 285-0696 Posts: 41,470	you could still get sued. __________________ This dog, is dog, a dog, good dog, way dog, to dog, keep dog, an dog, idiot dog, busy dog, for dog, 20 dog, seconds dog! Now read without the word dog.

09-03-2002, 11:16 PM	#6
m0rph3us Confirmed User Join Date: Mar 2001 Location: Principality of Sealand Posts: 2,033	chodadog, that is different man.. fuckgm.com or fuckford are slander and totally create trademark dilliution. I don't know how this company i'm talking about managed to trademark this work because it's a dictionary word from another language. So let's say i want to register gorditateens.com but McDonalds has their mexican product line 'Gordita (tm)'. Where gordita is a dictionary word in spanish. __________________ <font size="2" face="Tahoma"><a href="http://www.18blowjobs.com/webmasters/?640" target="_blank">Get paid $25 per signup</a> listing over <a href="http://galleries.18blowjobs.com/hosted.html" target="_blank">100 free hosted video galleries</a> - <a href="http://www.18blowjobs.com/webmasters/?640" target="_blank">Check it</a> » </font>

09-03-2002, 11:18 PM	#7
hyper Confirmed User Join Date: Mar 2002 Location: Mass Ass Posts: 5,294	if a company has a trademark on a name in a category and you have a trademark on the same name in a different category. you cannot be sued for it. just look at harvard there is 100 different marks with the same name.. just 100 different categories.. my advice is if you dont have a mark.. see if you can build a fan site.. those are harder to take away __________________

09-03-2002, 11:26 PM	#8
m0rph3us Confirmed User Join Date: Mar 2001 Location: Principality of Sealand Posts: 2,033	Hyper i think you might be deal on in this matter. I think it's a different matter if you OWN the domain name which is the company's trade mark ie.. nissan.com .ca .ro .ru . whatever (see http://www.nissan.com for the famous case), however if i owned nissantrucks.com i think it would be ok even though it contains a trademark in the name (see http://www.whoisreport.com/nissantrucks.com ) I think I just answered my own question LOL __________________ <font size="2" face="Tahoma"><a href="http://www.18blowjobs.com/webmasters/?640" target="_blank">Get paid $25 per signup</a> listing over <a href="http://galleries.18blowjobs.com/hosted.html" target="_blank">100 free hosted video galleries</a> - <a href="http://www.18blowjobs.com/webmasters/?640" target="_blank">Check it</a> » </font>

09-03-2002, 10:56 PM	#3
chodadog Confirmed User Join Date: Apr 2002 Posts: 9,736	Trademark doesn't matter if it's a different industry. By the way, i'm launching Microsoft Foods and Macromedia sports drinks next week!

09-03-2002, 10:59 PM	#4
FATPad Confirmed User Join Date: Oct 2001 Posts: 6,693	Actually, it does matter if it's a different industry in most cases. There are exceptions made where a dilution of the original trademark would result, though. If you had been in business for years making soft ice cream and selling it in really small cups under the name of MicroSoft Ice Cream you'd be okay. I could be wrong, though. Always consult a lawyer and never listen to me.

09-03-2002, 11:09 PM	#5
chodadog Confirmed User Join Date: Apr 2002 Posts: 9,736	Ever heard of fuckford.com and fuckgm.com thing? A guy in the UK registered jaguar.co.uk, a site actually about the animals; jaguars. Ford (jaguar's parent company) didn't even ask for the domain back, and when it was offered back, they declined. Instead, they chose to sue him, and take the domain, as well as damages. It's not worth risking any sort of violation.

09-03-2002, 11:29 PM	#9
chodadog Confirmed User Join Date: Apr 2002 Posts: 9,736	m0rpheus and hyper. The fuckford.com (not sure if that's the right domain, it was something similar though) site was eventually turned into an information about just how fucked up ford was. It was not the site in issue, although, ford did try to sue them as well. The domain in question was jaguar.co.uk which wasn't inteded for use on a site about the animals of the same name. It had nothing to do with ford motor cars, or jaguar. It had to do with jaguars, as in the 4 legged animals! Ford STILL sued them, successfully mind you! I'll try find the information. There were plenty of other non-automotive sites with names that ford had an interest in, where they sued.

09-03-2002, 11:32 PM	#10
Fletch XXX GFY HALL OF FAME DAMMIT!!! Join Date: Jan 2002 Location: that 504 Posts: 60,840	2600.com still owns and runs fuckgeneralmotors.com They were sued and won. The Judge said you can buy any domain you want and point it to where ever you want. But they had only purchased the name and pointed it to ford.com or whatever their corporate site it. http://www.2600.com/news/122201-files/ford-dec.html __________________ Want an Android App for your tube, membership, or free site? Need banners or promo material? Hit us up (ICQ Fletch: 148841377) or email me fletchxxx at gmail.com - recent work - About me Last edited by Fletch XXX; 09-03-2002 at 11:34 PM..

09-03-2002, 11:40 PM	#13
Fletch XXX GFY HALL OF FAME DAMMIT!!! Join Date: Jan 2002 Location: that 504 Posts: 60,840	Good stuff. I support the 2600 crew. __________________ Want an Android App for your tube, membership, or free site? Need banners or promo material? Hit us up (ICQ Fletch: 148841377) or email me fletchxxx at gmail.com - recent work - About me

09-03-2002, 11:46 PM	#14
chodadog Confirmed User Join Date: Apr 2002 Posts: 9,736	Yeah, 2600 kick some ass alright But it's extremely disconcerning what these large corporations are able to get away with.

09-03-2002, 11:54 PM	#15
Lensman GFY Chaperone Join Date: Jan 2001 Location: Adult.com Posts: 9,846	Who owns gfysucks.com?

09-04-2002, 12:23 AM	#17
volante Confirmed User Join Date: Mar 2002 Location: LAX Immigration Posts: 2,940	It all depends on what sort of a mood the courts are in. I couldn't see anything wrong with the site "People Eating Tasty Animals" which was at peta.org. Unfortunately the lawyers at "People for the Ethical Treatment of Animals" (PETA) didn't see it that way, and neither did the judge... seems vegetarians don't have a sense of humour

09-04-2002, 12:44 AM	#18
UnseenWorld Confirmed User Join Date: May 2001 Location: Portland, OR, USA Posts: 5,279	You are assuming that the legal ramifications are only in the trademark area. I'm not an attorney, but one thing I do know is that anyone can sue you anytime over anything in civil court. If you step on some toes, and they feel they have a case that you are damaging their business or reputation, damn right they can sue. If you want to find out if they can win, do whatever you're thinking of doing and when they take you to court, you'll have your answer. __________________ SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.

09-04-2002, 01:18 AM	#19
Mikeee Registered User Join Date: Jun 2002 Posts: 516	Well, Im not sure of the legality, but if I owned "Blah" (tm) and you got some extension name to that, I would sue the fuck out of you. Get your own shit.