Creating a website using a copyrighted name

[teknio]

What is the name of your state (only U.S. law)? New York

Hi,

I want to create a website which will use a generic domain name. For example, ploritioks.com.

On my website I want to use a copyrighted name to describe my website. So lets get an example. Lets say I want to use the name McDonald's to describe what I want to sell. At several places on my website I mention McDonalds. And on my website I sell advertising, so I do make some kind of profit from it.

This is not exactly the case, but close to it. In my case, McDonalds, is the best way to describe my business.

Am I allowed to do this?

Mike

 

[Zigner]

What is the name of your state (only U.S. law)? New York

Hi,

I want to create a website which will use a generic domain name. For example, ploritioks.com.

On my website I want to use a copyrighted name to describe my website. So lets get an example. Lets say I want to use the name McDonald's to describe what I want to sell. At several places on my website I mention McDonalds. And on my website I sell advertising, so I do make some kind of profit from it.

This is not exactly the case, but close to it. In my case, McDonalds, is the best way to describe my business.

Am I allowed to do this?

Mike

Once McDonald's gives you permission, sure.

 

[quincy]

Names like McDonald's cannot be copyrighted. Names like McDonald's are trademarked.

And you cannot trade off a famous name without facing a cease and desist notice (possibly with a demand for compensation) and/or a trademark infringement lawsuit and/or a whole host of other possible legal actions.

What is worse, you would be up against the legal team of a major corporation. Your dollars will never match their dollars.

You can use a trademark in a descriptive sense (ie, I ate some McDonald's chicken McNuggets) but you cannot use a trademark to boost your own business or attract consumers to your site.

I suggest one of two things: You either seriously re-think your plans or you consult with an attorney in your area for a review of all facts of your intended use (and who will probably tell you to seriously re-think your plans, but at $300 an hour ).

Good luck with your website.