Discussion in 'Domain Appraisals' started by KBD1974, Aug 26, 2010.
(ignore the holding site)
I'm getting the word TRADEMARK
Apologies for ramble ! Typing on pda. At first glance this does look dodgy ! However, at the risk of contradicting what I said yesterday about Nintendo, I'm really not sure about this one. Yes, Ipad is a trademark, for sure. But I'm not sure its passing off. If you make it clear that you are in no way representing Apple, you are offering a service for a protected good, which may not be prohibited under the class actions. I think you would have to check with the IPO. As a crude example, you obviously couldnt market e-readers on there ! insurance for a protected product I'm not so sure about though. Wasn't there a famous case about car parts recently (volvo?) ? this is completely different to passing off as Nintendo,for example,in my view. But I certainly stand to be corrected on this by others on here !
<Added> As a rule, however, I'd steer clear of trademarked terms in domain names. You may win a dispute, but it does have major headache potential, because people often see things differently, and even though here you may win, you'll have to defend yourself.
I work for a company that sells Apple products and sell our own support and AppleCare which is £69 for cheapest and I believe the top price is £89 depending on model - have you any ideas how you will develop?
Using a tradmark to sell unrelated services i.e selling “insurance” for ipads not “ipads” as the service being offered is “insurance” it starts to get a little confusing,
i.e. “ipad insurance” Trademark holder could argue misleads people that it is infact “ipad” that are offering the insurance. With “cheap ipad insurance” this the owner could argue he is using to describe a service etc i.e. insurance that he offers for a specific goods etc.
Anything that uses a trademark within it can be contested and if you offer the same goods/services etc you would likely loose, If you don’t offer the same goods/services as the holder then your chances of winning are a fractionally better…
As whole trademarks are Russian roulette and better avoided
As a specific site just selling insurance for ipads can’t see there would be that much interest in it though do people take out specific ipad insurance wouldn’t it be covered on standard normal insurance...
Thanks for your comments/advice on the trademark issues.
I got the idea from CheapIphoneInsurance.co.uk. I know the guy who handles their marketing and i know they do VERY well by being an affiliate for protectyourbubble.com.
Ive just been accepted on the same affiliate scheme.
If/when i get time i'll stick a site up and see how it goes......unless someone wants to take it off my hands ;-)
What, like Apple ?
Just kidding. Good luck with it !
LOL - yeah thanks for that!
Separate names with a comma.