GoDaddy reviews : Should I order GoDaddy?? Subdomain TM issue

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Just wondering if it's legal to use a Trade Marked term in a subdomain?.


Comments (13)

The same law that applies to domain names will also apply to subdomains including the exceptions...

Comment #1

I doubt that. If one would setup, would have a hard time to get the subdomain via a WIPO, imho...

Comment #2

No but they could force you to take it offline.

Also it probably depends on the usage of the TM/subdomain.

Im sure there are plenty of ways to use a TM in a sub domain that would be ok, depending on the specific TM holders policies...

Comment #3

You would find it hard to protect against having something like I am guessing, it is an extreme example but once you start chipping away at the rules you quickly descend into chaos.

You are probably better leaving such things alone till someone who knows conclusively comes along to answer, which isn't me lol..

Comment #4

It again depends on your usage. If you are using say or something like that then you will definitely be in trouble.....

Comment #5

Definately a risky strategy especially if the main domain is a valuable one..

As someone already stated, it depends on useage and permissions.

Bad faith is bad faith whether it's with a domain or a sub-domain...

Comment #6

Either way your prosecutable in a court of law so it doesn't matter don't risk it unless your using for giving your myspace account with permission of myspace it is acceptable..

If your using to do anything else for the purpose of gaining traffic/revenue on the basis you know that trademark will be seached for often then it is against the law..

Bottom Line domain or subdomain your prosecutable in a court of law...

Comment #7

Basically I run horse racing websites.

A racing body owns the TM for a particular race 'Melbourne Cup' my website uses subdomains for tagging posts to increase SE results. So all of the articles for my site that are related to this race use the subdomain

Comment #8

I would say, although I'm not a lawyer, that your usage would infringe on those of the TM owner. That being said, your main domain might be vulnerable to a WIPO action...

Comment #9

Parking companies use a sort of catch all DNS, so you can type in and it will resolve, it might even show related competitor ads...

Comment #10

Prosecutable? Last time I checked TM issues were civil..

Comment #11

You must have never checked then because trademark has always being a form of copyright and infringement is prosecutable in a court of law.Get your facts right in future...

Comment #12

Trademark and Copyright law are covered in two different sections of law.... in fact Copyright's are handled by the U.S. Copyright Office and Trademarks are handled by the U.S. Patent and Trademark Office.

Copyright infringement is prosecutable under existing law but generally only big copyright issues that involve music, movies or software is prosecuted.

Trademark issues are not covered under copyright law and are civil matters alone...

Comment #13

This question was taken from a support group/message board and re-posted here so others can learn from it.


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