TradeMark question

[funmom]

I am trying to understand the TM issue... I'm sure this was covered here but I did a search and did not really find much... Can I have a site cocacolainfo.com and have information about the drink and then links to cheapest places to purchse the soda? I notice for example that if i do a search for the game zelda on google I get a list of a whole bunch of sites with the name zelda in the domain name that relate to the game. This is Kosher?

Just trying to understand...

Thanks

Suz
www.fundraisingmom.com

 

[RajanUrs]

Serious trademark issues arise as a consequence of a rival company's infringement for profit or to damage the copyright owners credibility.

see http://www.gigalaw.com

 

[CenterPoint]

Coke is a very well known trademark and Coke works very hard to protect it. If you search Coco Cola at http://www.icann.org/udrp/udrp.htm you will find numerous decisions

As to your question, I would say that no you cannot do that.

 

[doubledee999]

I would agree, bad idea.

 

[Jeff]

I'd agree with Centerpoint here on the vigilance of "CocaCola" protecting their brand. Under the scenario you provide, my guess would be that you'd need some sort of legal permission to utilize such a site for the purpose you state in your inquiry from Coca Cola. A selling agreement, or licensing rights, something of that nature. It's possible that such permission might be approved.
However, if you were to sell or refer any other items on the site, or direct it to Pepsi, for instance, I feel confident you'd likely receive a C&D order.
Commercial use, dilution of brand, "bad faith" (such as attempting to sell such a domain) might all come in to play in any UDRP proceeding. Please be sure to consult with an attorney competent in the matters of internet commerce and trademark law. We're hoping to add a "Legal issues" section here to the Namepros site, as well at some time in the not too distant future for these very purposes. Please stay tuned.
Good Luck with your research.

 

[funmom]

Thank you all for your advice and opinions.

Naturally, I am not considering buying a domain that has coca cola in (i used it as an example only)... HOWEVER, I was looking into purchasing a domain for my 13 year old son who loves a certain video game and wanted to have a site about it.... So I guess my question is can we use the name of the game ie ZELDA or FINAL FANTASY in the domain name something like ZeldaRules.com or whateever... The site will contain original content (that my son will write) and links to other cool realted zelda sites. What I wanted to know is if it will be ok to also have some affiliate links to say Amazon to try and sell some games (to support the site).... I hope I am more clear...

Thanks again for all your kind help,

Suz
www.fundraisingmom.com

 

[RJ]

Using a company's trademark in your domain name is risky because some companies may claim that your use of their trademark can be confusing or misleading, implying an endorement. They could bring a dispute against you at anytime.

However, you can minimize this risk by having a disclaimer on your homapge. For instance if you owned Zeldafans.com, clearly disclaiming on the home page that Zelda was a copyright of Nintendo and this website is not affiliated with Nintendo, you shouldn't run into any problems.

About domain disputes - in 99.9% of the cases, you will be notified by the copyright holder that they do not approve of your domain name and a request to return the name to them before any dispute is filed. If this were to happen, you could simply hand the domain over and find a new one.

 

[Acroplex]

You can register a domain "RonJamesMasterOfTheUniverse.com" and I'm sure Ron won't mind...or maybe he will :D

 

[drifta]

i would recommend staying away from almost all brand names
especially well known ones mcdonalds,coca cola etc

Adding zelda to a name i dont think it would be that bad
like zeldacheats.com for a zelda cheat site

If your wanting a domain simply for personal use such as a gaming site i would try contacting whoever owns zelda or whatever and asking if you can use it if you put a link back to there official website im sure they will allow it
if not atleast you will know

 

[RajanUrs]

It all depends on the policy of the copyright holder. For instance Porsche is so strict about thier logo and name use they shut down fan sites also who use similar names and use their logo unless they have specifically permitted you to set it up.

But on the other hand Ferrari is quite liberal about allowing their fans to set up any number of fan sites using variations of their name and designs.

It wont hurt to ask.....and its is their prerogative anyways since they hold the copyright. So ask them first unless they have already stated in their website about if or how to use their logos, names etc. [If you go thru IBM and Microsoft sites you will come across standards policies about copyright, free use of images, logos etc. Similarly Coca Cola may also have some standard policies since they are a huge organisation.]