Sub domain trademark questions

[StockDoctor]

OK Here's the straight scoop.

I own Motorcycles.info and am going to be doing content related to the many different types of bikes out there. I'd like to build mini sites within the portal for each class and stick them under their own sub domain as in Honda.Motorcycles.info or HarleyDavidson.Motorcycles.info etc. I recall seeing one case that went to court with a ruling that the usage of a sub domain did not infringe. Doesn't make sense to me, but I thought I'd ask for opinions here.

Thanks for your comments. Doc

 

[StockDoctor]

Bump Trademark problems using sub domains?

 

[consumernet]

x

 

[namedropper]

You bumped the thread because nobody replied in less than two hours? Sheesh.

I'd personally say to avoid them just beacuse the potential risk doesn't seem to be worth any possible benefit to me, but I don't know of any clear precedent one way or another.

--
Dan Norder - Savanna.com, FineGold.com, etc.
High profile and niche domain names for sale

 

[DotComster]

subdomains are free to add and delete.

As they are pointers to folders - you would not even loss traffic if you had to delete an active one.

 

[dtobias]

I don't think the law makes any distinction between different levels of domains... it's possible a court could find you to be infringing if you use a trademarked name as a subdomain, just like if you registered such a name directly. However, the UDRP doesn't apply to subdomains, so you can't get challenged that way, only sued in real court. And there's not really any logical way you could be forced to transfer a subdomain to a challenger, like you might for a regular domain, since subdomains aren't kept by a registrar or registry where ownership is recorded and can be transferred.

 

[Silverwire]

It is interesting that affiliate agreement's like Amazon's (if memory serves me right) prohibit you to use a TM of one of their products in the subdomain if you are an affiliate of Amazon.

 

[davidthornton]

Originally posted by stocdoctor
OK Here's the straight scoop.

I own Motorcycles.info and am going to be doing content related to the many different types of bikes out there. I'd like to build mini sites within the portal for each class and stick them under their own sub domain as in Honda.Motorcycles.info or HarleyDavidson.Motorcycles.info etc. I recall seeing one case that went to court with a ruling that the usage of a sub domain did not infringe. Doesn't make sense to me, but I thought I'd ask for opinions here.

Thanks for your comments. Doc

You might be able to get around it, if it is indeed a potential problem, by using wildcard DNS. That way anything.domain.com resolves (i.e. *.yourdomain.com).

Yahoo sued Sex.com (and Sex.com countersued) over Sex.com's usage of this DNS technique. Once Yahoo realised that Sex.com weren't actually hosting yahoo.sex.com (and it was just wildcard DNS, they dropped the suit). See Sex.com for more.

 

[FineE]

What actually happend is that Yahoo sent a C & D letter to sex.com over alleged trademark infringement by yahoo.sex.com. Yahoo did not sue sex.com

When it turned out that sex.com was using wildcard *DNS for subdoamins Yahoo tried to back down. However sex.com is suing Yahoo over the C & D letter alleging intimidation even though Yahoo agreed to back down. This is an important consideration sending a C & D letter can land a company in legal trouble. And lititgation may be an appropiate respose to C & D letter in certain cases. The appropiateness in a particular case has to be determined after consulting legal counsel.

By the way the link press.sex.com contains a wealth of information regarding domain owners rights. The litigation between sex.com and Versign / Network Solutions is particularly relevant. If sex.com wins in the end this will be a major victory for domain holders.

P.S. There is no porn at press.sex.com. You have to dig deeper into the site to find that.