Is there a trademark issue with TalkTrump.com?

Dr. Domaining · Feb 23, 2005

All feedback is appreciated.

Thank you!

dtobias · Feb 23, 2005

That's a highly context-sensitive question. If it's for a site about the card game bridge, using "trump" in its generic sense, it might not have a trademark issue. If it's for a site to discuss Donald Trump, it might be a trademark infringement or it might be fair use of a nominative nature, depending on what a judge or panelist thinks. If it's intending to claim noncommercial fair use, then it really ought to have been a .org instead of a .com.

Dr. Domaining · Feb 23, 2005

The intended purpose was to start a forum to discuss Donald Trump, The Apprentice, Trump World, etc. The only revenue from the site would be through advertising. Do you think there would be any issues if it was used for this purpose?

dtobias said:
That's a highly context-sensitive question. If it's for a site about the card game bridge, using "trump" in its generic sense, it might not have a trademark issue. If it's for a site to discuss Donald Trump, it might be a trademark infringement or it might be fair use of a nominative nature, depending on what a judge or panelist thinks. If it's intending to claim noncommercial fair use, then it really ought to have been a .org instead of a .com.

StockDoctor · Feb 23, 2005

MasterOfTheDomain said:
The intended purpose was to start a forum to discuss Donald Trump, The Apprentice, Trump World, etc. The only revenue from the site would be through advertising. Do you think there would be any issues if it was used for this purpose?

Hope you get the forum going. I'd like to post about how much of a slime ball Trump really is. I worked on his bankrupt casino bonds. Amazing that people still think this guy is worthy of any kindof publicity or TV coverage at all.

His pattern:
1. My name is Trump so give me money
2. Mismanage everything and pile the funds in my pocket.
3. File bankruptcy and screw the employees and investors.
4. Repeat 1 thru 3

Dave Zan · Feb 23, 2005

Doesn't sound bad so far. But what's the advertising for?

Trump's lawyers might harp on that.

The site's not going anywhere for now. Better work on putting content fast.

namedropper · Feb 23, 2005

Using it to talk about Trump and running advertisements would very likely lead to problems from Trump's lawyers, as you are trying to profit off his name.

Dr. Domaining · Feb 23, 2005

What if the only form of advertising was through Google AdSense? Would that make a difference?

namedropper said:
Using it to talk about Trump and running advertisements would very likely lead to problems from Trump's lawyers, as you are trying to profit off his name.

Dave Zan · Feb 24, 2005

I'm not sure. But I think adding a disclaimer might help.

Dr. Domaining · Feb 24, 2005

I just emailed him. We shall see what comes of it.

namestrands · Mar 2, 2005

Dr. Domainer said:
I just emailed him. We shall see what comes of it.

Most companies are ok, as long as you get permission. Perhaps get him to do a monthly piece on the site

As least you are going the right way about it.. I wish you luck

Dave Zan · Mar 2, 2005

Dr. Domainer said:
I just emailed him. We shall see what comes of it.

Why am I getting a feeling that was a big mistake?

affordablehosting · Mar 2, 2005

Wouldn't it be possible to register the domain name for someone who wants to run a website on bridge for a few months, thus registering the domain name in good faith for a totally legit. website, and then convert it into a website for trashing Trump?

If it's registered for the purposes of running a bridge website, and then converted into something that might violate trademarks, would the fact that the site was originally registered in good faith help you keep the site in the case of a WDRP?

dtobias · Mar 2, 2005

Though if you're doing it strictly as a dodge to try to get the appearance of "good faith", then it's not genuine good faith.

Dr. Domaining · Mar 2, 2005

Ha ha ha. It very well may have. I haven't received a reply and it's been well over a week. I guess we'll have to wait and find out.

davezan1 said:
Why am I getting a feeling that was a big mistake?

namestrands · Mar 2, 2005

affordablehosting said:
Wouldn't it be possible to register the domain name for someone who wants to run a website on bridge for a few months, thus registering the domain name in good faith for a totally legit. website, and then convert it into a website for trashing Trump?

If it's registered for the purposes of running a bridge website, and then converted into something that might violate trademarks, would the fact that the site was originally registered in good faith help you keep the site in the case of a WDRP?

Now you would be getting in to the realms of Freedom of Speech if you had a site trashing trump, and hey why would you do that,.. the guy is amazing (head of his fan club here)

However since trump is an individual, you could be liable for libel (i am a poet and I didnt know it)

Dr. Domaining · Mar 2, 2005

I am also a fan. It's the reason I purchased the domain!

brandstrand said:
Now you would be getting in to the realms of Freedom of Speech if you had a site trashing trump, and hey why would you do that,.. the guy is amazing (head of his fan club here)

However since trump is an individual, you could be liable for libel (i am a poet and I didnt know it)