Legal Domain name or trademark infringement

[mazzaa]

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

I’m in the process of setting up an online forum for owners and enthusiasts of a particular motor vehicle manufacturer and racing team. The domain name I intend to use for the forum has the manufactures name with the word mad added to the end of it to form one word (www.*****mad.com).
My plan is to monetize the site by offering paid membership upgrades, adsense and Classified advertising of that marque. Am I right in thinking that I could be in breach of trademark law by using the domain?
Would really appreciate your thoughts on this.

 

[quincy]

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

I’m in the process of setting up an online forum for owners and enthusiasts of a particular motor vehicle manufacturer and racing team. The domain name I intend to use for the forum has the manufactures name with the word mad added to the end of it to form one word (www.*****mad.com).
My plan is to monetize the site by offering paid membership upgrades, adsense and Classified advertising of that marque. Am I right in thinking that I could be in breach of trademark law by using the domain?
Would really appreciate your thoughts on this.

Your domain name would probably be challenged by the motor vehicle manufacturer. I am not sure what the result would be, but my thoughts are similar to yours.

You can check out a NASCAR domain name dispute, decided in NASCAR's favor after a WIPO Administrative Panel heard the matter. Case No. D2001-1338, National Association for Stock Car Auto Racing, Inc. (NASCAR) v David Crawford Jr, was over several of Crawford's domain names which used the trademarked NASCAR as part of the domain name.

Crawford added the words "games," "interactive," and "tvchannel" to the trademark and the Panel said that was infringement on NASCAR's trademark rights.

Based on the NASCAR decision (and other similar cases), I would say that you would have problems using the trademark in your domain name.

You can review your plan, to start an online forum using the motor vehicle's trademark in your domain name, with an IP attorney in your area. Contacting the motor vehicle manufacturer might be something to consider. I would not use a domain with the trademark, though, without consulting with either an attorney or the manufacturer first.