Domain Manage

Can a loaction be a trademark, Brand etc ?

Discussion in 'Domain Name Disputes' started by namealot, Sep 11, 2009.

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  1. namealot United Kingdom

    namealot Well-Known Member

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    It’s a very very large corporation (Probably trademarked etc to the hilt) although there company is word word they are more known for a single word brand, This name is also the name of a village e.g my geo location is called pepsi could pepsi stop me using pepsi.org.uk
     
    Last edited: Sep 11, 2009
  2. Domain Forum

    Acorn Domains Elite Member

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  3. retired_member12

    retired_member12 Retired Member

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  4. grantw United Kingdom

    grantw Well-Known Member

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    As long as you are not seen to be passing off or infringing on their trademark - selling coca cola on pepsi.org.uk for example - then I think you should be OK. It all depends on your use of the domain, If the domain is parked you may have an issue.

    Grant
     
  5. namealot United Kingdom

    namealot Well-Known Member

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    Yes you failed go sit in the corner
     
  6. accelerator United Kingdom

    accelerator Well-Known Member

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    Agree with GrantW, i.e. as long as you didn't infringe their trademark, you would be ok. However, normally this restriction means you won't be able to make any money so it's pointless you owning the domain for development purposes anyway.

    Rgds
     
  7. retired_member12

    retired_member12 Retired Member

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    [​IMG]
     
  8. namealot United Kingdom

    namealot Well-Known Member

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    Thanks Do you know of any disputes etc nominet ones simular types I 'd like to research a little before deciding what way to procede

    I,m aware that having the name of a geographic location in an American trademark. The goods/services come from that location - then the mark becomes descriptive of the goods/services.

    But if they do not produce anything or have offices there and if the goods/services do not come from that location you have a defence that the mark is misleading thus invalid so to speak for com net etc

    But have not had many dealing with uk market (nominet)
     
  9. grantw United Kingdom

    grantw Well-Known Member

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    I can't think of any similar off the top of my head but then it's virtually impossible to find a comparison unless we know what you were/are doing with the domain.

    Grant
     
  10. retired_member12

    retired_member12 Retired Member

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    DRS 4700 comes to mind perhaps!
     
  11. namealot United Kingdom

    namealot Well-Known Member

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    As development cost are not an issure I either thought of getting site up and high enough in the searches, we have done this before have found that companies that produce assoisiated products are normally happy to advertise or bit more risky going to there competition and asking if they wish to sponser the site in return for there advert going on there ?
     
  12. grantw United Kingdom

    grantw Well-Known Member

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    OK, it sounds like you're planning on launching a site in the same sector as the trademark holder? In which case the fact that the domain is also a location doesn't mean jack, you would be seen as taking advantage of the companies TM in order to profit from it. Unless I'm misunderstanding your intentions.

    Grant
     
  13. grantw United Kingdom

    grantw Well-Known Member

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    Just re-read your post. A bit risky???? That's not risky, it's plain stupid. In this day and age you need your head looking at for even considering that an option.

    Grant
     
  14. namealot United Kingdom

    namealot Well-Known Member

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    Hi Grant
    Is the uk market different, done this with .com getting sponsors based on educational / Research / news site giving free information to the public about the area and thanks on pages to contributors and sponsors, e.g. weather, news reporting sponsored by company a etc, No problems over 2 years (Admittedly USA has different laws state to state and laws governing reporting news and even with copyright if they believe the word to be in common use) had a few attorney letters but sent them reply to take any further correspondence with solicitors exclusion clauses, never heard any more...? But have not done this in the UK.

    Not selling direct competition items but associated to make it clearer they were sponsoring pages in return for an acknowledgement( yes they had there logo on the pages )

    Example.macleans. have copyrights all over the world but in Canada there is www. macleans.ca this is a news site and carries adverts also?
    So appreciate opinions and experiance
     
    Last edited: Sep 12, 2009
  15. namealot United Kingdom

    namealot Well-Known Member

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    Thanks is it more pretending to be the bank the way I read it...?
    you can come out of the corner now ;)
     
    Last edited: Sep 11, 2009
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