Domain Manage

Can a hypen negate a trademark issue

Discussion in 'Business Discussions' started by techtimmy, May 18, 2010.

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  1. techtimmy

    techtimmy Active Member

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    I've found a domain that i really want but the .com has gone. It's owned by a fairly big networking company. The name has a copyright logo next to it on their website footer.

    I will use this as an example below to help better ask my question.

    www.facebook.com is gone

    but

    www.face-book.com
    www.face-book.co.uk

    is available.

    Am i infinging any rights by purchasing these names? I will be selling something different to the original site.

    Hope this makes sense.
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. doodlebug United Kingdom

    doodlebug Well-Known Member

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    If it's not generic then you are defintely breaching the companies interlectual propery rights.

    For trademark infringment to take place then the mark you are using doesn't have to be identical to the companys' trademark, it only has to be confusingly similar and just putting a hyphen in there is 100% confusingly similar.

    Soz dude but I advise you to stay well away from it unless it's a generic domain :cool:
     
  4. techtimmy

    techtimmy Active Member

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    Dang, i thought i was on to winner there!

    It's only half generic if that helps?

    Kinda like aceplanes.com (but they're not using it in the generic sense)

    and I want

    ace-planes.com (to sell actual planes)

    It seems unfair that a company can grab a name and own it so no-one else can go close. I spose they would argue the other side of the toss though. ho-hum
     
  5. retired_member13

    retired_member13 Banned

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    It depends on what their trademark covers and whether you'd be doing anything that could be deemed "confusingly similar".

    It also depends on how unique the mark is.

    Aceplanes.com selling woodworking planes under TM and Ace-planes.co.uk selling light aircraft might be ok, but you still might have to explain legally why you chose to use a trademarked term is they kick off. Best avoided.

     
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