trademark + "other word": any issues? - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**Samuel Kahn** · 09-02-2006, 06:44 AM

If there's a trademark combined with another word in a domain name, would the owner of the trademark have any rights?

For instance: "VST" is a trademark of Steinberg for "Virtual Studio Technology", used in music production.

If I register a domain like "VSTeffects.com" and develop a site about virtual effects used in music production would this be a trademark infringement?

**etech-peter** · 09-06-2006, 09:58 AM

I do think this would be a Trademark Infringement as the Trademarked word VST is in your domain. VST is used in music production and you intend to develop a site about virtual effects used in music production, the theme of both the sites would be the same. As long as you use the domain for totally different purposes, you are ok.

**DNQuest.com** · 09-06-2006, 12:54 PM

Usage plays a big part of infringement. In this example, yes, you would be infringing on hte VST mark and there is little chance to retain the domain if challenged.

**interactx** · 09-24-2006, 02:11 AM

If you use a trademark with another word, it is up to the trademark holder if they want to pursue it. If so, then the decision is up to the National Arbitration Forum. You just have to know that registering it isn't a sure thing.

**david4** · 09-24-2006, 01:48 PM

Quote:

Originally Posted by etech-peter

I do think this would be a Trademark Infringement as the Trademarked word VST is in your domain. VST is used in music production and you intend to develop a site about virtual effects used in music production, the theme of both the sites would be the same. As long as you use the domain for totally different purposes, you are ok.

I agree with you.

I have an example. 3mcg.com was registered by someone other than 3M ( famous trademark)

Guess what, 3G won the case and grabed it back...