As you can see in my sig, I have an Audi Community Website. I would to like a to open a firm titled as my web url (turbofsi.net). Since TurboFSI or TFSI is probably copyrighted by Audi, will I have any trouble opening a firm titled Turbofsi.net?
Copyright Question
- Thread starter feverinlove
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You won't be able to trademark the name, because that's likely protected. However, you should be able to copyright the design and content of your website, because it's new and original material.
Also, what sort of firm are you talking about? If, for instance, you're trying to setup a web design firm with that name, you'll probably be fine (since it's so far removed from Audi that you wouldn't be mistaken as being a competitor). But, if you wanted to do anything related to cars, odds are Audi would file suit against you if you became worth anything.
Also, what sort of firm are you talking about? If, for instance, you're trying to setup a web design firm with that name, you'll probably be fine (since it's so far removed from Audi that you wouldn't be mistaken as being a competitor). But, if you wanted to do anything related to cars, odds are Audi would file suit against you if you became worth anything.
They own the trademark for that name and your forum will be talking about their product. So I don't see much space here.... Maybe if you add "talk" or "forum" to their product name then maybe you'd get under the COMMENTARY "fair use" EXEMPTION of American copyright law.
Here's more info: Fair Use Exemption
PURPOSE
The first factor to consider is the Purpose and character. That is, what are you going to use it for? Is it for educational use, news reporting or criticism? The law specifically state's “…the fair use of a copyrighted work, … by …teaching … scholarship, or research, is not an infringement of copyright.” Educational use especially in a nonprofit institution weighs in favor of Fair Use.
Uses likely to favor Fair Use
• Nonprofit Educational
• Teaching
• Transforming
• Parody
• Criticism
• News reporting
• Restricted access
This has nothing to do with copyright. And everything to do with trademark law. Most people often confuse a copyright with a trademark. I won't go into the details between the both, just read up on it.
But if the term is trademarked. And you want to use that term in a simular industrial reference and for profit, then you risk getting sued by the trademark holder. Using your example, if your site is in reference to Audi or it's industry in any way, they will sue you. Because you are technically diluting their trademark. The trademark protects the holder from having any confusion with it's brand and identity.
Now technically, you could use another companies trademark term if you use it in a fashion that there is absolutely no confusion between you and the trademark company.
Example, Audi has the trademark of TurboFSI. But if you open a business and offer TurboFSI flip flops. You could get a TurboFSI trademark under a shoe wear classification. Something that has nothing to do or as far away as Audi's car related classification. There simply must not be any confusion between to two companies or products.
Now, that is technically. Can Audi still sue you? You bet your ass they can. Because as I've posted here before. The company who has the gold makes the rules. Audi can sue your ass to kingdom come. Keep you in the courts for years, and bleed you dry until you go out of business.
So, I wouldn't even bother with a trademarked name. Now I understand that you could use a trademarked name if you don't profit from it. For example, TurboFSIsucks.com or PayPalSucks.com. You can have a forum on how you don't like or like their prouduct. But you can't make a dime on it. So again, it's not even worth it. Best advise talk to a trademark lawyer if you still want to pursue this.
Good luck.
But if the term is trademarked. And you want to use that term in a simular industrial reference and for profit, then you risk getting sued by the trademark holder. Using your example, if your site is in reference to Audi or it's industry in any way, they will sue you. Because you are technically diluting their trademark. The trademark protects the holder from having any confusion with it's brand and identity.
Now technically, you could use another companies trademark term if you use it in a fashion that there is absolutely no confusion between you and the trademark company.
Example, Audi has the trademark of TurboFSI. But if you open a business and offer TurboFSI flip flops. You could get a TurboFSI trademark under a shoe wear classification. Something that has nothing to do or as far away as Audi's car related classification. There simply must not be any confusion between to two companies or products.
Now, that is technically. Can Audi still sue you? You bet your ass they can. Because as I've posted here before. The company who has the gold makes the rules. Audi can sue your ass to kingdom come. Keep you in the courts for years, and bleed you dry until you go out of business.
So, I wouldn't even bother with a trademarked name. Now I understand that you could use a trademarked name if you don't profit from it. For example, TurboFSIsucks.com or PayPalSucks.com. You can have a forum on how you don't like or like their prouduct. But you can't make a dime on it. So again, it's not even worth it. Best advise talk to a trademark lawyer if you still want to pursue this.
Good luck.
Voodooman / feverinlove,
This is an excellent thread with good replies. I too have the same problem as i'm selling premium advertising space (BMW though
) on my site.
What i did was to create a generic business entity (name) which takes charge of media sales on the website, so far i haven't got any problems. I've sought out advice from a technology lawyer and yes, it is extremely iffy if you register a company with the trademark of another company..so far i've been advised to be generic to play it safe.
This is an excellent thread with good replies. I too have the same problem as i'm selling premium advertising space (BMW though
) on my site.What i did was to create a generic business entity (name) which takes charge of media sales on the website, so far i haven't got any problems. I've sought out advice from a technology lawyer and yes, it is extremely iffy if you register a company with the trademark of another company..so far i've been advised to be generic to play it safe.
So if I create a company named blabla and show that it owns turbofsi.net, there wont be any problem? I also have a copyright statement that Turbofsi is a trademark of Audi
If you're not making use of their trademarked name to profit, it is OK. There are tonnes of sites out there which use audi-XXX.com in their domain and "earning" $$$ through adsense / banners etc.
However just be careful on how you use TurboFSI in any marketing collateral that you use.
You don't have a copyright statement, you have a disclaimer statement.
What i used is..
[FONT=Verdana, Arial, Helvetica, sans-serif][SIZE=-2]Disclaimer : XXXXX is a private enthusiast site not associated with BMW AG / BMW XXXX . The BMW name, marks, and Roundel logo used in the pages of this Web Site are the property of BMW AG / BMW XXXXXX . This web site is not sponsored or affiliated in any way with BMW AG / BMW XXXXXX or any of its subsidiaries.[/SIZE][/FONT]
on the bottom of every of my pages (portal and forums). Make sure you differentiate your logo etc and include disclaimers in handouts, flyers etc ...if possible.
What i did is also to place in my forums sign up page that makes the user acknowledge that my site is a private and has nothing to do / or sponsored by BMW etc etc.
Just do this and you'll be safe.
So far i know I'm quite safe because BMW XXXXXX (insert global region) contacted and even invited me to a couple of press launches of new cars etc, and the country's main BMW dealership know me fairly well... (and uh...hasn't sued me as of yet or threatened to shut my site down).
Don't thread on any toes and you'll be OK.
However just be careful on how you use TurboFSI in any marketing collateral that you use.
You don't have a copyright statement, you have a disclaimer statement.
What i used is..
[FONT=Verdana, Arial, Helvetica, sans-serif][SIZE=-2]Disclaimer : XXXXX is a private enthusiast site not associated with BMW AG / BMW XXXX . The BMW name, marks, and Roundel logo used in the pages of this Web Site are the property of BMW AG / BMW XXXXXX . This web site is not sponsored or affiliated in any way with BMW AG / BMW XXXXXX or any of its subsidiaries.[/SIZE][/FONT]
on the bottom of every of my pages (portal and forums). Make sure you differentiate your logo etc and include disclaimers in handouts, flyers etc ...if possible.
What i did is also to place in my forums sign up page that makes the user acknowledge that my site is a private and has nothing to do / or sponsored by BMW etc etc.
Just do this and you'll be safe.
So far i know I'm quite safe because BMW XXXXXX (insert global region) contacted and even invited me to a couple of press launches of new cars etc, and the country's main BMW dealership know me fairly well... (and uh...hasn't sued me as of yet or threatened to shut my site down).
Don't thread on any toes and you'll be OK.
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