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dedicated windows servers co uk - trademark?

Discussion in 'Domain Appraisals' started by dashu1, Oct 24, 2012.

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  1. dashu1 United Kingdom

    dashu1 Well-Known Member

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    I didn't even think about this until after I'd registered it (on the beer), but I'm not sure on this whether it's classed as a trademark problem or not.

    There's loads of sites advertising dedicated windows servers, and the .com is 301'd to a company in the Uk.

    Surely if it's a product or rather a service you're offering that involves a particular type of product it's okay - otherwise how could you possibly advertise it, and how could they generate any sales?

    I stand to be corrected...
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. accelerator United Kingdom

    accelerator Well-Known Member

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    My opinion would be that if Microsoft decided they wanted to take it off you, they would more than likely be able to.

    You can offer a given product on a website without having to have it in the domain name.

    Rgds
     
  4. dashu1 United Kingdom

    dashu1 Well-Known Member

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    Thanks Accelerator,
    any other opinions?
     
  5. seemly

    seemly Active Member

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    My opinion is, that if the trademarked and brand name "windows" didn't exist, you wouldn't have registered it.

    To me, this is trading off of a companies brand and should come across as dubious.

    I wouldn't touch it if it was FTR.
     
  6. dashu1 United Kingdom

    dashu1 Well-Known Member

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    Yes but that's a silly argument.

    If Windows didn't exist and instead there were doors servers, then people would be advertising dedicated doors servers, and someone would register that.

    It isn't "trading off" because you're not trying to sell a product that isn't theirs off the back of their name, you're aiming to sell their product with a specific type of service or package attached to it.

    You can quite fairly be hooverspareparts.co.uk so long as you're selling spare parts that are genuine hoover parts, not some cheap chinese equivalents.

    Trademark law doeasn't mean if you use someones name you're doomed, it has to be a legitimate use for the legitimate product, and they aren't daft enough to start taking people to court for advertising their products otherwise no one will know about their products and they won't sell any.

    Anyway, I've sent some emails and got some positive interest already.
     
  7. eurorealtor

    eurorealtor Active Member

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    Potential TM conflict domains always $0 to -$100k.
     
  8. seemly

    seemly Active Member

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    Advertising that you provide a service via your own branded domain/company V.S owning a domain and company name and trading off a large corporations TM brand name are 2 completely different things.

    The fact that you have asked on the forum suggests there was an element of doubt in your mind. For me, that is enough to want to avoid any element of risk further down the line.

    Good for you. Best of luck.
     
  9. admin Spain

    admin Administrator Staff Member

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  10. PoshTiger United Kingdom

    PoshTiger Well-Known Member

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    I've had domains with Microsoft TMs in the past and so long as you don't do anything they see as being dodgy - you'll be fine..

    I ran MS based user groups so I was shouting the good word and had reps from MS come to pretty much every meeting to help out.
     
  11. humbug1s1k United Kingdom

    humbug1s1k Active Member

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    Be careful using this arguement as its the old well so and so does it so why cant I. There are loads of websites with "iphone" and "apple" in as well does that make it right to register one.......no.

    Just be careful with TM's......personally I would stay away altogether.....IMHO
     
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