Using a trdemarked name as part of a DN

[bigdaddypawn2]

What are the implications of using,for example "motorolaphoneparts.com" or
"dellparts.com" I'm using these for example. Would trademark issues arise here or am I just paranoid.

 

[ozegreatdeals]

I think it depends on what the intent is, yahoo-mailer.com is some bulk mailing site and it even looks identical to yahoo the symbol and yet they are still allowed to operate.

 

[Dave Zan]

What are the implications of using,for example "motorolaphoneparts.com" or
"dellparts.com" I'm using these for example. Would trademark issues arise here or am I just paranoid.

Actually, the real question should be "What am I using the domain name for?".

 

[DaddyHalbucks]

Trademark problems are assured. Don't do it, you will get sued.

 

[namestrands]

Motorola Phone Parts For sure..

DellParts.com would depend on its use.. if you were to use it to resell dell parts then you are open for a law suit.. however you could petition then for use of the name, if you were to offer their services.

IMHO... let them expire

 

[namedropper]

I think it depends on what the intent is, yahoo-mailer.com is some bulk mailing site and it even looks identical to yahoo the symbol and yet they are still allowed to operate.

Bad assumption. It's highly more likely that they are not "allowed to operate" but that the wheels of justice haven't crushed them yet, as they so richly deserve.

This must be like cybersquatter season on the Legal Issues board, with a number of people asking about extermely obvious trademark infringements.

 

[Dominata]

What are the implications of using,for example "motorolaphoneparts.com" or
"dellparts.com" I'm using these for example. Would trademark issues arise here or am I just paranoid.

* Fair Use
There are two situations where the doctrine of fair use prevents infringement:
1. The term is a way to describe another good or service, using its descriptive term and not its secondary meaning. The idea behind this fair use is that a trademark holder does not have the exclusive right to use a word that is merely descriptive, since this decreases the words available to describe. If the term is not used to label any particular goods or services at all, but is perhaps used in a literary fashion as part of a narrative, then this is a non-commercial use even if the narrative is commercially sold.
2. Nominative fair use
This is when a potential infringer (or defendant) uses the registered trademark to identify the registrant’s product or service in conjunction with his or her own. To invoke this defense, the defendant must prove the following elements:
o his/her product or service cannot be readily identified without pointing to the registrant’s mark
o he/she only uses as much of the mark as is necessary to identify the goods or services
o he/she does nothing with the mark to suggest that the registrant has given his approval to the defendant

I hope this helps

 

[Anthony Ng]

I have to agree with DaddyHalbucks here: trademark complicated domains are NOT WORTH your resources (time, money, etc.), UNLESS you are REALLY VERY resourceful. Go for something else.

And namedropper is correct too: that some there are some apparently infringing websites out there doesn't mean YOUR infringing domain is safe, even when they are related to the same trademark.

 

[freestyler]

Not worth it, dont do it.