So with the whole WF.net and WF.org drama, I'd like to know what are the regulations for including a trademark in a domain name.
Obviously trademark.anything is not OK.
What about if it is part of the domain name? Like myWF.whatever? NO I don't have that one
.
Do the owners of the trademarks just usually make contact like Jon, or what?
(Disclaimer: This is from my personal experience; if you need professional advice go see a lawyer.) I personally own several trademarks throughout the years. There is a company on the web called Nolopress (I'm not affiliated with them, maybe I should be). They make descent books on legal matters. It's good to read them before going to a lawyer who is charging you $200 per hour. It could get quite expensive if you don't know shit and he's giving you a Trademark 101 course.
But most of the books will tell you this. He who makes the gold makes the rules. Basically, trademarks fall under alot of grey areas. The general purpose of a trademark is so that an entity (company or whatever) holds a mark so that others can distinguish the company in its field. Thus they make great effort to market, promote and brand that trademark. Example, if you see the trademark word of "Coca-cola" or "Pepsi" you right away start thinking of soft drink companies. If I tell you, "Wal-mart" or "Sears", you associate those marks with retail stores. You get the idea. Thus a trademark associates a mark with that entity under specific classifications.
Companies go through great length to protect their trademarks from infringement and dilution. Infringement, as an example, is when another party pretty much copies (or infringes) the trademark of said company. Which could create confusion with the trademark (product, service or company) to the end user.
Dilution is when a trademark is used as an everyday word. Example, instead of saying passes me that tissue. People tend to say pass me a Kleenex. Kleenex is a trademark. But because people use it in everyday usage, that trademark has been diluted. It could get to the point that the company can lose the trademark. A perfect example of this is the word Aspirin (it at one time was trademarked).
Now you will see that a trademark like "Coca-Cola" is trademarked with various classifications. Coca-Cola's brand is very strong in which it has been used for marketing toys, clothing and other items. And of which, I'm pretty sure that they filed trademarks under all these classifications.
But technically, I could file for the trademark of "Coca-Cola" under a classification or business that they are not even close to being in. In other words, I could start making (as a very extreme example) glass eye balls and call them Coca-Cola Eyeballs. But will I be able to keep this trademark. Probably not. Why?
There are two major reasons. First, the Coca-Cola can claim that I am infringing on their trademark. Which technically, I am not because last time I checked they were not in the eyeball business. They can take me to court. It will then be decided in court if people would actually be confused if they thought buying a "Coca-Cola eyeball" somehow was linked with the soft drink maker. If so, then I infringe and will pay out the ass in damages and legal fees. Coke wins and I lose.
Second, if the court decides that there is no way that there is confusion with my eyeballs and the soft drink company. Then I could keep the trademark. But did I win. No. Like I said before, he who has the gold makes the rules. Coke could tie me up in the courts for years. And I could lose everything before I could get that trademark finalized or (registered is the correct term).
Also, one quick note, it doesn’t matter if you been using a name or mark before another company. What matters is who trademarks it first. An example of that was the Etoy.com vs Etoys.com scandal (google it – hehehe I just diluted Google’s brand).
As with all the grey areas, that’s why I’m not making $200 per hour. Get a lawyer. But in the end, it’s like I told you. He who makes the gold makes the rules.
As for trademarks in domains, ICANN then gets involved and that's a whole other mess.
PS, Jon I saw your attack on that dude about your domain. And I did a little research. You should really actually trademark "wickedfire" before that douche bag does. It would save you alot of headaches. :thumbsup:
Sorry for the long post. I was bored. Time to go make some $$$.
-Voodooman
:rasta:
