Trademarked Generic Domain

[alex]

How safe is it to register a trademarked generic domain?

I try to stay clear of trademarks, but what happens when the trademark is a generic word? In the case of POLO, for example, Ralph Lauren, Volkswagen and Rowntree all own trademarks. However POLO is also a sport and has several other dictionary meanings. Assuming you used such a name in areas that are not covered by the trademarks is it safe to register?

 

[accelerator]

In my opinion, yes it's safe. Trademarks will relate to specific classes of business, so as long as you don't promote this type of business on the domain, you should be ok, e.g. you registered polo.co.uk so don't promote clothing as that would infringe the Ralph Lauren trademark.

Rgds

 

[alex]

That was what I assumed as trademarks cover different classes. However, if you used the domain polo.co.uk to sell polo shirts, a non trademarked item of clothing, would that be trademark infringement seeing as Ralph Lauren covers that area?

I have been discussing this subject with a colleague due to recent articles regarding an increase in cybersquatting. I think in general there is not enough information for individuals buying domains regarding trademarks. Businesses generally know to stay clear, but with the increasing number of domain extensions I feel that more advice should be available. I can imagine that there will be more trademark infringement cases over the next few years as registering ‘generic’ domains becomes much easier.

 

[accelerator]

That was what I assumed as trademarks cover different classes. However, if you used the domain polo.co.uk to sell polo shirts, a non trademarked item of clothing, would that be trademark infringement seeing as Ralph Lauren covers that area?

OK, so I suppose "polo shirts" is a generic term and everybody has the right to sell them, and polo.co.uk could be taken as a generic term in this context, so in theory you should be ok. It was not the best example to give and in general if a term is commonly accepted as generic then you should be ok.

Rgds