Registering a domain name

[ukbiz]

Hi guys,

Is it illegal, or some kind of infringement, to register a domain that contains a large company's name? For example a site selling downloads for Samsung phones called 'samsung-downloads.com'

Any feedback would be appreciated.

Thanks.

 

[Clinton]

Yes, that would be trademark infringement. Some companies are more proactive than others in chasing down and reclaiming infringing domains. If Samsung decided to do so in your case, they'd use ICANN's UDRP procedures and would likely force you to release the domain to their control.

It's not impossible that they decide to just not bother.

 

[idtheftuk]

[FONT=Verdana,Helvetica]Any company that registers a trademark has the right to protect their trademark and has the right to notify you that your domain name is infringing upon their trademark.

Why? If your domain name has the potential of confusing the public into thinking the trademark holder is somehow affiliated with your web site, they may bring infringement claims against you. The courts would have to make the decision based upon the trademark laws and if your domain name, in fact, has the potential of confusing the public. [/FONT]

 

[iwgraphics]

You have to be smart and creative

If you can prove that your name is a legitimate,independent use of the domain and you are not "cyber squatting" to try to get money from a big company,then usually then cannot force the domain name off you.

in your example, samsung-downloads.com, you could just host a 1-page website....

You have a friend called Sam, who sung songs at your birthday party (put a photo up of Sam singing at your birthday party with a caption), and place a link for anyone who wants to download the picture of sam who sung at your party.

that sort of thing.

If Samsung Corporation comes along and offers you $10,000 for the domain, that would be a surprising co-incidence...

 

[MASSEY]

i would not say that was a trademark issue, i think it would be perfectly fine to register, take www. appleipad.co.uk, that domain is for sale, apple do not own it, if you was going to try and buy a domain containing ltd then there would be an issue if there was a ltd business called that,

 

[agriya]

Sometimes I think it depends on what you try to do with it. If you are doing it purely for your own benefit then a company could take issue with you using their name. If you had the appleipad.co.uk domain and gave reviews, thoughts and opinions which were pro-ipad then apple might leave it alone because you are basically providing free marketing for their products.

Of course, some companies are more protective than others and a little more closed minded like when Warner Bros went after all the Harry Potter fan sites.

Peter

 

[CourierCompare]

It is not illegal to register a domain containing a name of another brand, however the company whos name is included in your registered domain might at some point try to retrieve it. Then it's time for ADR and you probably will lose.

 

[Stanley_Jones]

I believe,if you are using the domain for non business purpose then there shouldn't be a problem from anyone. It may so happen that the company might approach you to sell the domain to them. This is one of the popular online businesses. People simply register a domain similar to a brand name,then either they approach the company or vice-versa and fix a deal.

 

[EitexLeeds]

As far as I'm aware it's not illegal, but you may be challenged at some point in the future? Mis-spellings work, i.e. Vodaphone instead of Vodafone.

 

[Stanley_Jones]

It definitely isn't illegal to register domain names that are much similar to big brands. I would like to stress on the word similar and not the same. Rather people are on a lookout for such domains to earn money. Probably thats the reason why companies register most of the similar domains for themselves and set a permanent redirect to the main domain, so that even if a visitor makes a typo error, s/he should land on the intended website.