I am thinking about starting a website to help people with stuff (the website), give statistics, etc. about a certain social network website. Let's call it: fhagughawds.com (I am making this up but if for some crazy reason it does exist, it is meant as an example only). I want to make a site called fhagughawdshelp.com. Would that be trademark infringing?
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Popular Social website trademark infringement domain?
- Thread Starter LinxUs
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SandraMSovin
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It is possible to use another's trademark without infringing, as "Fair Use". Determination of Fair Use is very fact specific, hinges on such things as the nominative nature of the use, whether the use is in a trademark sense, good faith of the user, etc. Your planned use doesn't sound very nominative, so I would suggest creating a rough page or two mockup of your intended site and having an IP attorney take a look for you. Safest road, of course, is to get permission, if possible.
This will not help you if the name is unique and arbitrary. For example, if the site is "myorkut" it's pretty clear what you were doing. But if you put up "myspaceincollege" it might be effective, especially if there wouldn't be confusion that your site is connected with myspace.com.
I don't think I understand?
I don't think I understand, if I make "myorkut" website, there doesn't exist a website like that, so shouldn't that mean its unique and different? If I do "myspaceincollege" for example, I think it is somewhat closely related to the social networking site. So that means a disclaimer at the top would make it MORE effective? I guess I am wondering how "myorkut" is less similar to myspace, and how myspaceincollege is less or more similar to myspace, meaning how is the latter more effective than the former.
If I am using this site as a help, tutorial, etc. for the same social networking site, are there additional trademark concerns, or would it just be in the name of the website?
Lastly, would considering it a parody give more protection?
I don't think I understand, if I make "myorkut" website, there doesn't exist a website like that, so shouldn't that mean its unique and different? If I do "myspaceincollege" for example, I think it is somewhat closely related to the social networking site. So that means a disclaimer at the top would make it MORE effective? I guess I am wondering how "myorkut" is less similar to myspace, and how myspaceincollege is less or more similar to myspace, meaning how is the latter more effective than the former.
If I am using this site as a help, tutorial, etc. for the same social networking site, are there additional trademark concerns, or would it just be in the name of the website?
Lastly, would considering it a parody give more protection?
myorkut is so closely related to orkut that there will be a likelihood of confusion between your site and orkut. If you do myspaceincollege it's much less clear whether you're using plain English words to describe something as opposed to the orkut phrase which means nothing but "my Orkut" - which would be referring to Google's social networking site.
With regard to parody it's not so clear but simply making a few jokes doesn't change the nature of the site. "Sucks sites" are one good example of domain names and sites set up for consumer gripes and not for financial gain, competition or "bad faith" as is defined by WIPO in their decisions in domain name disputes. Here's one good case that might give you some insight into the thought process:
http://www.wipo.int/amc/en/domains/decisions/word/2000/d2000-1104.doc.
With regard to parody it's not so clear but simply making a few jokes doesn't change the nature of the site. "Sucks sites" are one good example of domain names and sites set up for consumer gripes and not for financial gain, competition or "bad faith" as is defined by WIPO in their decisions in domain name disputes. Here's one good case that might give you some insight into the thought process:
http://www.wipo.int/amc/en/domains/decisions/word/2000/d2000-1104.doc.
Thanks
so if I had myfacespacebook.com or myfacesucks.com, it should be a parody? Let's say the site is geared more toward parody with more jokes than a supporting site.
I have read a bit about the ICANN policy and it seems to favor more the parody side of it, as long as they're not trying to be direct competitors by diluting the market, or directly trying to affect the business.
What if the site mycrappyspace.com (for example) had advertising banners on it from AdSense or whatever. Would that qualify as financial gain even though the site isn't being sold as that?
so if I had myfacespacebook.com or myfacesucks.com, it should be a parody? Let's say the site is geared more toward parody with more jokes than a supporting site.
I have read a bit about the ICANN policy and it seems to favor more the parody side of it, as long as they're not trying to be direct competitors by diluting the market, or directly trying to affect the business.
What if the site mycrappyspace.com (for example) had advertising banners on it from AdSense or whatever. Would that qualify as financial gain even though the site isn't being sold as that?
Parody web sites are more favored but, again, much of that is a fine line of a somewhat vague list that you must adhere to completely.
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