Yup...you have pointed out something many are aware of. Large scale companies see this as a problem. The solution...no one knows. Take the word Apple. It's TM but by multiple companies...so who should get the apple.cctld?.
It's the registrant not he registrar that commits TM infringement based on bad-faith usage. The registrars don't USE the domains...consider them paper sellers...it's the buyers that print the books. You don't blame the paper company for the printing press infringements.
Anyways... This requires a long answer. Familiarize yourself with TM law more. As you have been told before READ READ READ. Again..they would need to infringe on the mark for that to happen. Ownership of a domain does not automatically mean infringement.
Doubtful and again USAGE would matter. This is why so many extensions can exist with many different sites on each one. It's bad-faith that normally creates problems. If you are trying to make money on another persons work..that's infringement...
In the case of YouTube you have to keep in mind that those obscure extensions pose no threat to YouTube and perhaps they will be demanded from their respective owners sooner or later.
YouTube is what? like only 16 months in service, so since the domain/name is so popular now the other extensions will be interesting for people leaching of Youtubes success and they will be approached by YouTubes lawyers sooner or later.
An example of lawyers in pursuit can be seen in this YouTube.net thread..
It's only a matter of time.
In the case of Autoline, at first glance the content of each website is different. The .com is a parking page, the .net is a redirect to a computer company and so on. AutoLine is not really a business as it seems.
You would have a online business called NiceCars.com and you are listing cars for sale and make a profit for the car listings, advertisement fees. That is your business model where your company revolves on.
And your site is extremely popular.
My site NiceCars.net is a site devoted to displaying famous and beautifull cars over the years, like a online documentary so to speak..
And I would sell books and posters about cars, that would be mine business model.
No matter how much you would like to own my domain you would have no chance to claim it from me and win a legal case against me.
Different business models and generic words.
When there are made up words involved it's a different matter.
Hope that makes sense some how..
Thanks guys. It does clear it up a bit. LaBrocca I have been reading,reading and reading but have been unable to find a specific answer to my question. So I guess AUTOLAND is best steered clear off then to avoid problems. Damion NiceCars and NiceCar are both still available in .Mobi by the way...
Intellectual property law requires understanding and intepretation of it. Every case is different. If you understand the basics you can then apply them to different scenarios. I have seen countless varieties of your same question here over and here. All basically asking "what constitutes TM infringment"...
Excactly LaBrocca. I am extremely concerned about avoiding registration of a domain with even the slightest chance of trademark infringement. I have let many nice domains pass me by because of this. It is excactly as you say "every TM case is different" therefore I find it very hard to gauge where the borders and edges are of some domains. What is your opinion then of AUTOLAND? Would you leave it be yourself?.
Now where did I read this question somewhere? Looks familiar...
You have to weight risk/reward. For the $7 to register a name...will you be able to get a return. Domaining for me and many others is about revenue. If you can make the almighty dollar (the euro in your case) then go for it. However if you think the chances of losing the domain are high and legal hassles scare you...steer clear. I have no problem taking on legal matters.
I have a lawyer but at this point I do most of the negotiations myself. In the end intellectual property lawyers that work for companies are there to negotiate. They do NOT want to litigate matters. It's time consuming and costly. It's rare you get a company that will do anything more than a UDRP.
Companies are in the business to make money...not to litigate domains in TM disputes.
I waste money all the time. I would have taken autoland.mobi. It's NEVER infringement just to register the name. It's your intentions that can be an issue. There are HOT domains out there where the companies are vigorous about them. Such as Microsoft, Google, Yahoo, Ebay, and Myspace...are you getting the picture yet? These are companies that are online players and need to protect their home turf.
Their business is to sell cars.
Anyways...if you are going to have a conscience when registering domains will be passing up a lot of opportunities...
I answered something similar in this thread: http://www.namepros.com/domain-appra...e-domains.html.
But just to quote myself:..
Thanx LaBrocca..yes I get the picture now.
And Archangel thanks also.
Have decided to forget about AutoLand. Regged AutoExpert.mobi instead which I think is more marketable and will have more offers for it then AutoLand...