Is there a trademark issue with TalkTrump.com? - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

Dr. Domaining · 02-23-2005, 06:19 AM

All feedback is appreciated.

Thank you!

**dtobias** · 02-23-2005, 06:50 AM

That's a highly context-sensitive question. If it's for a site about the card game bridge, using "trump" in its generic sense, it might not have a trademark issue. If it's for a site to discuss Donald Trump, it might be a trademark infringement or it might be fair use of a nominative nature, depending on what a judge or panelist thinks. If it's intending to claim noncommercial fair use, then it really ought to have been a .org instead of a .com.

Dr. Domaining · 02-23-2005, 07:06 AM

The intended purpose was to start a forum to discuss Donald Trump, The Apprentice, Trump World, etc. The only revenue from the site would be through advertising. Do you think there would be any issues if it was used for this purpose?

Quote:

Originally Posted by dtobias

That's a highly context-sensitive question. If it's for a site about the card game bridge, using "trump" in its generic sense, it might not have a trademark issue. If it's for a site to discuss Donald Trump, it might be a trademark infringement or it might be fair use of a nominative nature, depending on what a judge or panelist thinks. If it's intending to claim noncommercial fair use, then it really ought to have been a .org instead of a .com.

**StockDoctor** · 02-23-2005, 09:02 AM

Quote:

Originally Posted by MasterOfTheDomain

The intended purpose was to start a forum to discuss Donald Trump, The Apprentice, Trump World, etc. The only revenue from the site would be through advertising. Do you think there would be any issues if it was used for this purpose?

Hope you get the forum going. I'd like to post about how much of a slime ball Trump really is. I worked on his bankrupt casino bonds. Amazing that people still think this guy is worthy of any kindof publicity or TV coverage at all.

His pattern:
1. My name is Trump so give me money
2. Mismanage everything and pile the funds in my pocket.
3. File bankruptcy and screw the employees and investors.
4. Repeat 1 thru 3

**Dave Zan** · 02-23-2005, 11:20 AM

Doesn't sound bad so far. But what's the advertising for?

Trump's lawyers might harp on that.

The site's not going anywhere for now. Better work on putting content fast.

**namedropper** · 02-23-2005, 09:12 PM

Using it to talk about Trump and running advertisements would very likely lead to problems from Trump's lawyers, as you are trying to profit off his name.

Dr. Domaining · 02-23-2005, 09:53 PM

What if the only form of advertising was through Google AdSense? Would that make a difference?

Quote:

Originally Posted by namedropper

Using it to talk about Trump and running advertisements would very likely lead to problems from Trump's lawyers, as you are trying to profit off his name.

**Dave Zan** · 02-24-2005, 11:24 AM

I'm not sure. But I think adding a disclaimer might help.

Dr. Domaining · 02-24-2005, 11:39 AM

I just emailed him. We shall see what comes of it.

**namestrands** · 03-02-2005, 12:16 PM

Quote:

Originally Posted by Dr. Domainer

I just emailed him. We shall see what comes of it.

Most companies are ok, as long as you get permission. Perhaps get him to do a monthly piece on the site

As least you are going the right way about it.. I wish you luck

**Dave Zan** · 03-02-2005, 12:43 PM

Quote:

Originally Posted by Dr. Domainer

I just emailed him. We shall see what comes of it.

Why am I getting a feeling that was a big mistake?

**affordablehosting** · 03-02-2005, 03:15 PM

Wouldn't it be possible to register the domain name for someone who wants to run a website on bridge for a few months, thus registering the domain name in good faith for a totally legit. website, and then convert it into a website for trashing Trump?

If it's registered for the purposes of running a bridge website, and then converted into something that might violate trademarks, would the fact that the site was originally registered in good faith help you keep the site in the case of a WDRP?

**dtobias** · 03-02-2005, 03:17 PM

Though if you're doing it strictly as a dodge to try to get the appearance of "good faith", then it's not genuine good faith.

Dr. Domaining · 03-02-2005, 03:18 PM

Ha ha ha. It very well may have. I haven't received a reply and it's been well over a week. I guess we'll have to wait and find out.

Quote:

Originally Posted by davezan1

Why am I getting a feeling that was a big mistake?

**namestrands** · 03-02-2005, 03:29 PM

Quote:

Originally Posted by affordablehosting

Wouldn't it be possible to register the domain name for someone who wants to run a website on bridge for a few months, thus registering the domain name in good faith for a totally legit. website, and then convert it into a website for trashing Trump?

If it's registered for the purposes of running a bridge website, and then converted into something that might violate trademarks, would the fact that the site was originally registered in good faith help you keep the site in the case of a WDRP?

Now you would be getting in to the realms of Freedom of Speech if you had a site trashing trump, and hey why would you do that,.. the guy is amazing (head of his fan club here)

However since trump is an individual, you could be liable for libel (i am a poet and I didnt know it)

Dr. Domaining · 03-02-2005, 03:32 PM

I am also a fan. It's the reason I purchased the domain!

Quote:

Originally Posted by brandstrand

Now you would be getting in to the realms of Freedom of Speech if you had a site trashing trump, and hey why would you do that,.. the guy is amazing (head of his fan club here)

However since trump is an individual, you could be liable for libel (i am a poet and I didnt know it)

02-23-2005, 06:19 AM	#1 (permalink)
Dr. Domaining DNF Addict Last Online: 01-23-2007 02:29 AM iTrader: (116) Join Date: Jan 2005 Posts: 1,445 DNF$: 7,538 Country:	Is there a trademark issue with TalkTrump.com? All feedback is appreciated. Thank you! __________________ DOMAINING 's MUST VISIT SITE! - NEW DOMAINING SPOTLIGHT in addition to a Q&A w/ Matt Bentley, CSO of SedoPro - CLICK HERE

02-23-2005, 06:50 AM	#2 (permalink)
dtobias Gold Lifetime Member Last Online: 06-13-2009 03:36 PM iTrader: (0) Join Date: Sep 2002 Posts: 590 DNF$: 105 Location: Boca Raton, FL	Re: Is there a trademark issue with TalkTrump.com? That's a highly context-sensitive question. If it's for a site about the card game bridge, using "trump" in its generic sense, it might not have a trademark issue. If it's for a site to discuss Donald Trump, it might be a trademark infringement or it might be fair use of a nominative nature, depending on what a judge or panelist thinks. If it's intending to claim noncommercial fair use, then it really ought to have been a .org instead of a .com.

02-23-2005, 11:20 AM	#5 (permalink)
Dave Zan Platinum Lifetime Member Name: Dave Zan Last Online: 11-12-2009 09:55 PM iTrader: (1) Join Date: Aug 2004 Posts: 1,663 DNF$: 0 Location: Manila	Re: Is there a trademark issue with TalkTrump.com? Doesn't sound bad so far. But what's the advertising for? Trump's lawyers might harp on that. The site's not going anywhere for now. Better work on putting content fast. __________________ *Vidi, Vici, Veni!*

02-23-2005, 09:12 PM	#6 (permalink)
namedropper Platinum Lifetime Member Last Online: 06-27-2009 03:38 PM iTrader: (2) Join Date: Dec 2002 Posts: 756 DNF$: 1,232 Location: Madison, WI	Re: Is there a trademark issue with TalkTrump.com? Using it to talk about Trump and running advertisements would very likely lead to problems from Trump's lawyers, as you are trying to profit off his name. __________________ Dan Norder Werewolves.com, Inklings.com, OtherWoman.com and more Last edited by namedropper; 02-23-2005 at 09:14 PM.. Reason: (switching word "probably" to "problems")

02-24-2005, 11:24 AM	#8 (permalink)
Dave Zan Platinum Lifetime Member Name: Dave Zan Last Online: 11-12-2009 09:55 PM iTrader: (1) Join Date: Aug 2004 Posts: 1,663 DNF$: 0 Location: Manila	Re: Is there a trademark issue with TalkTrump.com? I'm not sure. But I think adding a disclaimer might help. __________________ *Vidi, Vici, Veni!*

02-24-2005, 11:39 AM	#9 (permalink)
Dr. Domaining DNF Addict Last Online: 01-23-2007 02:29 AM iTrader: (116) Join Date: Jan 2005 Posts: 1,445 DNF$: 7,538 Country:	Re: Is there a trademark issue with TalkTrump.com? I just emailed him. We shall see what comes of it. __________________ DOMAINING 's MUST VISIT SITE! - NEW DOMAINING SPOTLIGHT in addition to a Q&A w/ Matt Bentley, CSO of SedoPro - CLICK HERE

03-02-2005, 03:15 PM	#12 (permalink)
affordablehosting Platinum Lifetime Member Last Online: 04-30-2007 04:28 PM iTrader: (1) Join Date: Mar 2003 Posts: 154 DNF$: 639	Re: Is there a trademark issue with TalkTrump.com? Wouldn't it be possible to register the domain name for someone who wants to run a website on bridge for a few months, thus registering the domain name in good faith for a totally legit. website, and then convert it into a website for trashing Trump? If it's registered for the purposes of running a bridge website, and then converted into something that might violate trademarks, would the fact that the site was originally registered in good faith help you keep the site in the case of a WDRP? __________________ HostMidwest.com- over three years of quality web hosting We offer bulk discounts, reseller accounts, and dedicated servers.

03-02-2005, 03:17 PM	#13 (permalink)
dtobias Gold Lifetime Member Last Online: 06-13-2009 03:36 PM iTrader: (0) Join Date: Sep 2002 Posts: 590 DNF$: 105 Location: Boca Raton, FL	Re: Is there a trademark issue with TalkTrump.com? Though if you're doing it strictly as a dodge to try to get the appearance of "good faith", then it's not genuine good faith.

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