is this trademark infringement? - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

11-08-2002, 11:21 PM

hey fellas!

I was considering registering a few names that start or end with

xp and osx. Is this trademark infringement? even if the name makes sense on ots own eg, xperts?( just an example)

...also would an anti microsoft site along the lines of microslop (again, just an example) be a problem?? free speech and all!?!

**drname** · 11-08-2002, 11:50 PM

Is xp and osx tm of microsoft?

Quote:

Originally posted by tunesmith
hey fellas!

I was considering registering a few names that start or end with

xp and osx. Is this trademark infringement? even if the name makes sense on ots own eg, xperts?( just an example)

...also would an anti microsoft site along the lines of microslop (again, just an example) be a problem?? free speech and all!?!

11-09-2002, 07:28 AM

so if you wanted to specialize in selling xp software for instance, you couldn't call your domain xpsellers or something?

**adoptabledomains** · 11-10-2002, 12:29 AM

Gray area...and depends on the company.

If you're an authorized seller for them they "may" let you alone. If not, they may challenge you. Generally the key is dilution or infringement of trademark. If you sell only XP there under their authorized terms, you might be okay. If you sell Apple or Lindows there as well, your lawyer is already drooling over the new Lexus. On the other hand, some companies don't even want authorized sellers using their name in that way, because it makes enforcement on those that aren't more difficult.

On the free speech thing, you may win in the end, but if the company has big$$, it may cost you a lot to defend your right to free speech. They may know that and use a legal filing to make sure you are willing to pay a lawyer to do so, and betting you aren't.

11-10-2002, 02:42 AM

thanx for your input mark...i think i'll steer clear..

Drewbert · 11-11-2002, 01:37 AM

Grey area.

http://microsoftsecurity.com

11-11-2002, 01:44 AM

I laughed at your link there!! Ha Ha

11-08-2002, 11:21 PM	#1 (permalink)
tunesmith Guest Last Online: 12-31-1969 07:00 PM Posts: n/a DNF$: 0 [Check]	is this trademark infringement? hey fellas! I was considering registering a few names that start or end with xp and osx. Is this trademark infringement? even if the name makes sense on ots own eg, xperts?( just an example) ...also would an anti microsoft site along the lines of microslop (again, just an example) be a problem?? free speech and all!?!

11-10-2002, 12:29 AM	#4 (permalink)
adoptabledomains Platinum Lifetime Member Last Online: 09-22-2009 10:12 PM iTrader: (0) Join Date: Sep 2002 Posts: 779 DNF$: 1,515 Location: Ohio, USA Country:	Gray area...and depends on the company. If you're an authorized seller for them they "may" let you alone. If not, they may challenge you. Generally the key is dilution or infringement of trademark. If you sell only XP there under their authorized terms, you might be okay. If you sell Apple or Lindows there as well, your lawyer is already drooling over the new Lexus. On the other hand, some companies don't even want authorized sellers using their name in that way, because it makes enforcement on those that aren't more difficult. On the free speech thing, you may win in the end, but if the company has big$$, it may cost you a lot to defend your right to free speech. They may know that and use a legal filing to make sure you are willing to pay a lawyer to do so, and betting you aren't. __________________ Mark AdoptableDomains.com ~ Providing Good Homes for Good Names ~

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11-09-2002, 07:28 AM	#3 (permalink)
tunesmith Guest Last Online: 12-31-1969 07:00 PM Posts: n/a DNF$: 0 [Check]	so if you wanted to specialize in selling xp software for instance, you couldn't call your domain xpsellers or something?

11-10-2002, 02:42 AM	#5 (permalink)
tunesmith Guest Last Online: 12-31-1969 07:00 PM Posts: n/a DNF$: 0 [Check]	thanx for your input mark...i think i'll steer clear..

11-11-2002, 01:37 AM	#6 (permalink)
Drewbert Registered User - Must Upgrade To Post Last Online: 06-17-2003 09:02 PM iTrader: (0) Join Date: May 2002 Posts: 467 DNF$: 986 Location: Mexico	Grey area. http://microsoftsecurity.com

11-11-2002, 01:44 AM	#7 (permalink)
tunesmith Guest Last Online: 12-31-1969 07:00 PM Posts: n/a DNF$: 0 [Check]	I laughed at your link there!! Ha Ha

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