Trying to understand TM issues and how to avoid them...

[madpoet]

So we all know a bunch of us have registered Zune names based on the upcomming Microsoft portable player. I've got a couple that are getting type-in traffic already at a decent clip. Obviously I'd both like to somehow make money on the website but avoid having Bill's lawyers send me nastygrams . What are you allowed to do with a website that contains the product name? Are there any fast and hard rules around it? I.e. you can only promote the product, you can't sell anything, etc; Or am I at their mercy regardless of what I do with it?

 

[Dale Hubbard]

My individual opinion: Basically, I am sure that in principle, you could be in trouble as this obviously a TM. However, as 'Zune' is a consumer electronic device, I don't think that MS would come after you if you are promoting or discussing the product. There are going to be a million accessory/software/aftermarket sites just like there are for Xbox and iPod. I would PERSONALLY just go ahead and do what you want with it. Just don't build a similar device, call it 'Zune' and advertise it on your sites

 

[PHATnames]

I agree with aZooZa, go for it

 

[DNQuest.com]

This is an interesting point that I held off saying. Zune is a TM and all these domain are infringing and I believe MS would have an easy time challenging them. But in reality, they probably won't do anything unless usage of a domain makes them uncomfortable. But wouldn't it be funny if MS did come after everyone?

 

[italiandragon]

TMs are BS, if they think you hurt them, they will bother but if you help their biz they will be happily silent.