Illegal???

[cogeek]

Hello guys,
i woud like ask if i buy a domain like iom2005.org(example)
will it be illegal if iom means international olympiad of mathematics and the iom2004.org i registered or can i register it and say the im as
internet organization mikos 2005?
The iom was just an example
please do not post if yo udon't know!

 

[Garry Anderson]

Only a lawyer can give you proper legal opinion - however if you are after forum members informed opinion:

As an initialism has untold number of lawful uses - I would say illegality should be entirely based on the use which you put these three initials.

BUT - I have no doubt that you may be taken to UDRP - even without having done no legal wrong towards Complainant.

Initialisms have been lost by legal holder of the domain in UDRP - without having done no legal wrong towards Complainant.

To labor the point: Like most people on this forum - IANAL - one of the lawyers might like me to add that ;-)

However, as I call UN WIPO corrupt (in signature and on my WIPrg.uk website) - it should be obvious that I am not a lawyer.

 

[cogeek]

I didn't get anything from your post?
You can post too if you are not a lawyer!

 

[Dave Zan]

Hello guys,
i woud like ask if i buy a domain like iom2005.org(example)
will it be illegal if iom means international olympiad of mathematics and the iom2004.org i registered or can i register it and say the im as
internet organization mikos 2005?
The iom was just an example
please do not post if yo udon't know!

I'm not an attorney, but I'll gladly share what I've learned (and still am)...

cogeek, there's no "legality" or "illegality" when registering and using a domain
name for whatever purpose. But there are limits.

One limit is trademarks, of course. Since trademarks apply to words and/or
phrases at the very least, they can apply to domain names as well.

Whether iom will infringe on International Olympiad of Mathematics, or any
letter combination will infringe on a well-known entity's trademark for that
matter, will depend crucially on how you use the domain name.

If you're going to use the name that has a totally different topic than the TM
holder you're worried about, make sure your website content sticks to that
topic and doesn't make any reference whatsoever to that TM holder at all.
Adding a disclaimer that your site is not related to the TM holder can boost
your defense if it ever reaches UDRP or Court.

Here's a link which one of dnforum's most respected members gave more info
on the subject: http://dnforum.com/showthread.php?t=62627 .

Better yet, research to see if there are other trademarks issued to the letters
in question. I think trademarks can actually be filed for the same or similar
word but for different classes or functions, it depends.

The more specifics you can give, the better answers you'll get.

 

[cogeek]

hey
thanks
i cannot be spesific for the domain because any smart here can catch it!

 

[adoptabledomains]

< not a lawyer, but willing to share some info >

You do stand on some solid ground if the acronym also stands for other things in common use. In your example, IOM would be very easy to defend since it stands for quite a few things other than olympics. The first thing that came to my mind was "Installation, Operation, and Maintenance", where a lot of manuals are called IOM manuals.

http://www.acronymfinder.com/af-query.asp?String=exact&Acronym=iom

If in fact you use something that refers to olympics, you may have a fight on your hands, as that's one of the most protected terms of all.

As to infringement, the degree of risk varies with how you use the domain and whether you intend to confuse users or into thinking you are associated with the trademark holder, or trade off of their reputation. Regardless of what the domain actually contains, the content and wording on the site will be just as important.

There is no black or white answer, only many shades of grey.

 

[cogeek]

I think i'm gonna register it! and create a site with the iom(example)

 

[Dave Zan]

I think i'm gonna register it! and create a site with the iom(example)

Just keep your shirt clean, ok? Good luck! k:

 

[cogeek]

i won't buy it, i don't wanna have troubles!
thanks