Trademarks and Domain Names

[Belhak]

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

I'm confused about domain names and trademark issues. Let's say I were to buy a domain name called usedferrariauthority.com, and develop a website that presents information about buying used Ferraris. Could I get into trouble down the line because I have the word "Ferrari" in my domain name?

 

[quincy]

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

I'm confused about domain names and trademark issues. Let's say I were to buy a domain name called usedferrariauthority.com, and develop a website that presents information about buying used Ferraris. Could I get into trouble down the line because I have the word "Ferrari" in my domain name?

If Ferrari objects to your use of their trademark in your domain name or on your website then, yes, you could get into trouble.

There is no way to tell what sort of risk you face, however, without a whole heck of a lot more facts.

 

[Belhak]

If Ferrari objects to your use of their trademark in your domain name or on your website then, yes, you could get into trouble.

There is no way to tell what sort of risk you face, however, without a whole heck of a lot more facts.

My lack of knowledge/understanding is such that the specifics are not really the question. Just generally - Ferrari, in this example, could or would have a leg to stand on because I have used their name? When you say I could get into trouble, what kind of trouble do you mean? Would it be better if I could select a domain name that does not use the word Ferrari in it, like useditaliansportscars.com instead?

 

[quincy]

My lack of knowledge/understanding is such that the specifics are not really the question. Just generally - Ferrari, in this example, could or would have a leg to stand on because I have used their name? When you say I could get into trouble, what kind of trouble do you mean? Would it be better if I could select a domain name that does not use the word Ferrari in it, like useditaliansportscars.com instead?

There are domain names that have the trademarked "Ferrari" in them. Other than the official Ferrari website, others appear to be (authorized?) Ferrari dealers. Ferrari could potentially try to stop your use of their trademark, and whether they would be successful in their attempts or not would depend on a whole host of facts.

A review of your specific site would be necessary to determine better if any legal action considered against you by Ferrari would be supportable.

If you are in the business of selling used Italian sports cars or if you merely want to impart information about Italian sports cars, then the alternate domain name you mention could be something to consider. Even the use of Ferrari in your domain name and on your website is not necessarily out of the question. But specifics matter.

At its most basic, trademark law centers on consumer confusion. If your site is not an authorized Ferrari dealership or endorsed or sponsored by or in any way connected with Ferrari, there could be confusion generated with the use of the Ferrari trademark to identify your site and your business.

You are legally allowed to use trademarks to describe products or services and, if you are selling used Ferraris, then you can say that you are selling used Ferraris. You are using the trademark in a descriptive sense. Then the law gets a bit fuzzy.

What legal issues may (or may not) arise with your use of another's trademark is hard to predict in advance. A lot can depend on the specific trademark holder and their litigiousness. If a trademark holder wants to stop your use, in other words, then they can make your life miserable with their attempts to prevent your use of their mark - this even if your use is perfectly legal and not an infringement on any of the trademark holder's rights.

I suggest you review the facts of your business plans with an IP attorney in your area. This personal review can better determine your legal risks.

Good luck.

 

[Belhak]

There are domain names that have the trademarked "Ferrari" in them. Other than the official Ferrari website, others appear to be (authorized?) Ferrari dealers. Ferrari could potentially try to stop your use of their trademark, and whether they would be successful in their attempts or not would depend on a whole host of facts.

A review of your specific site would be necessary to determine better if any legal action considered against you by Ferrari would be supportable.

If you are in the business of selling used Italian sports cars or if you merely want to impart information about Italian sports cars, then the alternate domain name you mention could be something to consider. Even the use of Ferrari in your domain name and on your website is not necessarily out of the question. But specifics matter.

At its most basic, trademark law centers on consumer confusion. If your site is not an authorized Ferrari dealership or endorsed or sponsored by or in any way connected with Ferrari, there could be confusion generated with the use of the Ferrari trademark to identify your site and your business.

You are legally allowed to use trademarks to describe products or services and, if you are selling used Ferraris, then you can say that you are selling used Ferraris. You are using the trademark in a descriptive sense. Then the law gets a bit fuzzy.

What legal issues may (or may not) arise with your use of another's trademark is hard to predict in advance. A lot can depend on the specific trademark holder and their litigiousness. If a trademark holder wants to stop your use, in other words, then they can make your life miserable with their attempts to prevent your use of their mark - this even if your use is perfectly legal and not an infringement on any of the trademark holder's rights.

I suggest you review the facts of your business plans with an IP attorney in your area. This personal review can better determine your legal risks.

Good luck.

Thank you very much for taking the time to respond. I appreciate it!

 

[quincy]

So much of law depends on the specific facts that are presented in any one case that definitive answers can be hard to come by. A personal review by an attorney in one's own area is generally necessary.

Thank you for the thanks.