Question regarding domain copyright infringement

[zreon]

State : Florida

Hello everyone,

I recently received a letter from a large software company saying I must discontinue use of my registered domain and transfer it to them immediately. I really can't seem to get a 100% answer on rather or not this is legal. I have read many places that domains are not affected by copyright laws and anyone can register them. Then other places are saying that if a name is copyrighted, you are not allowed to use this name in your domain name.

Can someone clarify my rights in this situation? It doesn't seem right that this company can just force me to give them my domain, which I have been using since January 2008.

 

[FlyingRon]

Names are not copyrighted.

Trademarks are a different story.

Whatever you read if it said anything close to what you said is blatantly incorrect. There are specific "anti-squatting" rules in the domain name rules. You can't just grab someone else's company name or trademark and start using it. If justified, they can get the domain taken from you through the domain dispute resolution.

You'll need to provide more information on just what the names involved are before we can even venture a guess at your chances.

 

[zreon]

Ok, lets say the companies name is XYZ Company. XYZ Company sells a product called zyx. I have the product name in my domain name "www.zyxsolutions.com". So I don't have the companies actual name in my domain name, just one of their product names followed by another word. The domain name wasn't registered to sell it to this company, and it wasn't registered to try and confuse potential visitors into thinking I am Company XYZ.

Hope this helps a little bit.

 

[FlyingRon]

it doesn't help at all. Your INTENT means squat. The trademark issue depends on whether there is any possibility of confusion between the two and in some cases whether you are diluting their famous mark. The UDRP isn't the most sensible process either.

Unless you are willing to pony up some REAL information, we can't venture a guess as to the outcome. Given what you've obfuscatorily said, I would give you about even odds of losing the domain outright.

 

[zreon]

Let me describe what the business is a little bit then without divulging the companies name.

This company manufactured a product with a very high failure rate. I was one of the customers who had one of these defective products. Initially when I started this, the company wanted $100+ to fix their mistake. I found this to be absurd so I discovered what the issue was myself and how to fix it. I then documented this entire process, including what is needed to make the repair and sold this information and support on my website with this name. So my domain name is www.ProductNameRepair.com.

Several months after I was selling this information, the company announced they would be fixing the majority of theses products for free. However, there were still quite a number of these products that were not covered, so my business remained open.

I'm not sure how to explain this better without actually saying the companies name (which I don't feel would be a smart move). Does this help explain the situation at all?

Thanks for your efforts so far Ron.

 

[Zigner]

Let me describe what the business is a little bit then without divulging the companies name.

This company manufactured a product with a very high failure rate. I was one of the customers who had one of these defective products. Initially when I started this, the company wanted $100+ to fix their mistake. I found this to be absurd so I discovered what the issue was myself and how to fix it. I then documented this entire process, including what is needed to make the repair and sold this information and support on my website with this name. So my domain name is www.ProductNameRepair.com.

Several months after I was selling this information, the company announced they would be fixing the majority of theses products for free. However, there were still quite a number of these products that were not covered, so my business remained open.

I'm not sure how to explain this better without actually saying the companies name (which I don't feel would be a smart move). Does this help explain the situation at all?

Thanks for your efforts so far Ron.

If *I* were the company, I'd have you in court faster than you could blink.

 

[FlyingRon]

Definitely both the extreme likelihood of confusion and the dilution of mark. I've seen car manufacturers sue people who use the car brands in the name of their repair shop with success.

 

[TheGeekess]

Dude, if you're messing with a trademark of Apple™ or MS™, you might as well hang it up. Bill Gates and Steve Jobs have more money than you or I will likely ever see in our lives.

 

[zreon]

Dude, if you're messing with a trademark of Apple™ or MS™, you might as well hang it up. Bill Gates and Steve Jobs have more money than you or I will likely ever see in our lives.

FYI it was and I won.

Moral of this story.
Sometimes it pays to do research and fight cases if you feel you are in the right.

 

[quincy]

Your use of the trademark in your domain name was judged to be a descriptive use of the mark?

If you repair, say, Hoover vacuum cleaners, you would need to use the name Hoover in your ads to adequately describe the business you are in. Often you must be authorized by the company in question, however, to make such repairs.

I can see why the company challenged your use. But I can also understand why you prevailed.

 

[zreon]

Your use of the trademark in your domain name was judged to be a descriptive use of the mark?

If you repair, say, Hoover vacuum cleaners, you would need to use the name Hoover in your ads to adequately describe the business you are in. Often you must be authorized by the company in question, however, to make such repairs.

I can see why the company challenged your use. But I can also understand why you prevailed.

Exactly what happened. I couldn't adequately describe what it was I was doing without using the product in the description. After a few letters with them directly, we both came to agreeance that what I was doing was legal and they informed me that no further action was required on my part.

 

[quincy]

Nice.

I imagine luck may have played some role in you avoiding a lawsuit, as the earlier answers provided you by FlyingRon would apply to most people in your described situation.

I could have seen either Apple or Microsoft pursuing a suit against you (not that they necessarily would have won such a suit or that damages awarded in the event of a win would have warranted the costs of a suit).

Using famous trademarks without permission is always a risk, regardless of how they are used.