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Author Topic: Trademark noob NEEDS HELP!!  (Read 791 times)

AdPoster

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Trademark noob NEEDS HELP!!
« on: 10-06-10 at 08:55 pm »

I was searching on a hosting companies website the other day for some open domains and I found one that I could not believe was available. The domain has the phrase corei7extreme in it. I was wondering how I could use this site that would keep me out of court. If I advertise their products and write about this product I shouldn't have a problem should I?? I have no idea where to start looking for the answers to this?? Any Suggestions??
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xyzzy

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Re: Trademark noob NEEDS HELP!!
« Reply #1 on: 10-07-10 at 06:28 am »

I shouldn't have a problem should I??

You should note that the questions "Am I legally allowed to do this?" and "Will I have a problem if I do this?" are separate issues. 

Are you allowed to use another's registered trademark in your domain name? 
The answer to that question is "It depends."   


Will you have a problem if you use "corei7extreme" in a domain name?
Maybe.  Probably.  Large corporations like Intel monitor the use of their marks.  I wouldn't be at all surprised if upon registering this domain you received a cease and desist letter from Intel's attorneys.  In fact, I'd be a bit surprised if you didn't.  Regardless of the merits of their position, it may cause you a few headaches.  This is why professional "domainers" tend to focus on generic URLs and avoid trademarks like the plague.
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MYK

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Re: Trademark noob NEEDS HELP!!
« Reply #2 on: 10-07-10 at 06:32 am »

Is it e-mycorei7extremenet.co.jp?  I wanted that one. :(
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Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

xyzzy

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Re: Trademark noob NEEDS HELP!!
« Reply #3 on: 10-07-10 at 06:34 am »

Is it e-mycorei7extremenet.co.my?  I wanted that one. :(

Fret not, MYK - I just happen to have YourBestMycorei7extreme4u.biz in my portfolio, and would be willing to part with it for just $1,000.  A steal, if you ask me.  PM me for escrow details.
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Cotman IP

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Re: Trademark noob NEEDS HELP!!
« Reply #4 on: 10-07-10 at 10:37 am »

If you did launch such a website and it has anything whatsoever to do with computer hardware you should expect Intel to object to your use of the domain name as it contains their well known trademark. The only way to do this cleanly without opening yourself up to unnecessary legal risk is to obtain Intel's consent. If the website is directed to basket weaving or some topic irrelevant to computers you may be able to argue your use is in a different channel of trade but even then Intel's mark is likely famous which makes that argument moot. The bottom line - find a better domain name that doesn't use someone else's well known trademark.
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Re: Trademark noob NEEDS HELP!!
« Reply #5 on: 10-07-10 at 06:35 pm »

What will you be doing on the website www*corei7extreme*com?

Please delete this link, I dont want it indexed just yet. I was thinking of blogging about this processor and perhaps selling some of them.


You should note that the questions "Am I legally allowed to do this?" and "Will I have a problem if I do this?" are separate issues. 

Are you allowed to use another's registered trademark in your domain name? 
The answer to that question is "It depends."   


Will you have a problem if you use "corei7extreme" in a domain name?
Maybe.  Probably.  Large corporations like Intel monitor the use of their marks.  I wouldn't be at all surprised if upon registering this domain you received a cease and desist letter from Intel's attorneys.  In fact, I'd be a bit surprised if you didn't.  Regardless of the merits of their position, it may cause you a few headaches.  This is why professional "domainers" tend to focus on generic URLs and avoid trademarks like the plague.

I haven't received any c&d letter. What if I am just promoting their products and maybe write a disclaimer at the top stating this website is not owned or operated by Intel??

Is it e-mycorei7extremenet.co.my?  I wanted that one. :(

No it is not...


Fret not, MYK - I just happen to have YourBestMycorei7extreme4u.biz in my portfolio, and would be willing to part with it for just $1,000.  A steal, if you ask me.  PM me for escrow details.

Why do that when he can get mine for half that??
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