What are the laws on domains and company apps...

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subigo

subigo

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This should probably go in a different forum, but I'll probably get a faster answer here.

Anyone know what the laws are for developing a domain that has the same name as a developed application for a tech company?

Take mozilla thunderbird as an example (not the domain I have). They don't host the app on thunderbird.com, instead they use mozilla.com/thunderbird ... Now if I owned thunderbird.org and developed it into something that wasn't related to mozilla in any way, would that fly? In this example, thunderbird.com and .net are both parked godaddy domains (that I do not own).
 


As far as I can tell, if godaddy will sell it to you - use it. You could get some traffic before it is noticed and even then, you would get a cease and desist letter.

But in your example.... thunderbird can mean different things - cars, Indian folklore etc.... not just an application. I say give it a try.
 
Dullspace said:
Awesome advice.
Click to expand...

lol... That's what I was thinking...

Okay, since I already registered it, I can ask now with better details.

I have newsfire.org, but NewsFire is a well known rss reader for OS X. However, Apple uses newsfirerss.com and newsfirex.com for their domains.

So is the .org safe to develop (not related in the least to an rss reader) or should I just forget it?
 
It's always about trademarks, both registered and unregistered. In your example, if you registered thunderbird.org and used the page for an email client, you would most likely open yourself to a C&D letter at the very least. But if "your" Thunderbird is a brass birdcage with a built-in electro shocker device which helps silence the sucker when it chirps, then Mozilla won't be able to get hold of you because you are not within their market.

Trademarks only apply to markets/niches. If you're not in the same niche as a trademark owner, you can call your business whatever you like.
 
lol i own a domain distributing spyware that the name of a product of microsofts. Going on 6 years old now with no complaints. :)
 
A lot of it also comes down to whether or not the company that owns the trademark will take legal action or not. I have lost a few domains in the past year due to companies complaining about this, although most of the time you should be okay. It just depends on if they find it and care enough to pursue doing something about it.

I would think you should be fine in your case. NewsFire can mean a lot of things and is pretty plain. The ones that are easier for them to grab from you are the less general brands like Loreal, Cisco, Logitech etc - where the word is really only used for the brand name and isn't a general word. Stuff like Apple or NewsFire are easier to get away with.

Anyhow, [/legal advice]

And just for good measure:

boobs.jpg
 
bobsoap said:
It's always about trademarks, both registered and unregistered. In your example, if you registered thunderbird.org and used the page for an email client, you would most likely open yourself to a C&D letter at the very least. But if "your" Thunderbird is a brass birdcage with a built-in electro shocker device which helps silence the sucker when it chirps, then Mozilla won't be able to get hold of you because you are not within their market.

Trademarks only apply to markets/niches. If you're not in the same niche as a trademark owner, you can call your business whatever you like.
Click to expand...

this is the exact answer you needed.. if this is for something big it's certainly worth running past an IP attorney, though. +rep bobsoap
 
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