Trade Mark Laws Unreasonable

[gavain]

i purchased microsoftwindowscodenamelonghorn.com not for profitable use, i purchased more alike for intention of talking about the product. Then i found out that the trade mark laws and i put the domain name as it is in the box and searched the tradmark site and found nothing. So i assumed it was ok to use it and own it. The more and more i find out about trademark laws and the way microsoft is dealing with it is, they are domainating domain names as well. what if i didn't like microsoft and wanted www.tohellwithmicrosoft.com i cant own that, what happen to freedom of speech. I also fiqure out this how many domain names violate this clam law, what if i wanted to own windowz, they will try to sue me, no matter that its not windows. I think that the trade mark law takes away from what the internet is for. When i found out about this stupid law i tried contacting them, no response. I've decided to keep these. domains. They dominate way to much, some one should put a stop to it. The trademark law for domain names is somewhat understandable, but not to the extremes of using the clam word in a domain name, what if someone got cat trade marked does that mean who all ownes the word cat in there domain have to give it up, in some cases like microsoft you own lindows they take you to court or if you own michrosoft they sue you no mater thats not there trade mark. SERIOUS GUYS LETS SPEAK UP. STOP THESE PEOPLE FROM CONTROL THE CYBER WORLD THEY GET ENOUGHT IN THE REAL WORLD. I hope i'm not sued or all that for speaking my mind and using microsoft in my statments i'm using my constitutional right of freedom of speech.

 

[armstrong]

criticism sites are considered fair use. if you reg tohellwithmicrosoft.com, and developed it as a criticism website, freedom of speech will be on your side. However, the moment you try to profit from the website, then that changes things, and you can now be accused of trying to profit from illegal use of their trademark. Its really more complicated than that, but it should get you started in the right direction if you are sincere in wanting to put up a criticism website.

 

[gavain]

WHAT ABOUT SELLING THE DOMAIN NAME

I think the way microsoft deals with things on domain names is kinda stupid, if someone wanted windows4windows or something and wanted to sell windows, then i'm in violation of microsoft trade mark or lets say i want to sell windows web hosting so i get windowshosting.com or something and they sell web hosting, and stuff like that and put on the site THIS IS NOT A MICROSOFT WEB SITE nor WORK WITH MICROSOFT. they could come and sue me. or what if i get flashwindow.com or something well someoen could have flash as a trademark as well as windows. So i'm up the creek. I think the trade mark needs to limit or define it better,

 

[armstrong]

Relax, gavain. TM laws are complex, but I think its safe to say that as long as you go in with a clear non-infringing concept then you'll be alright. In fact, there are thousands of websites with the word 'windows' (see http://www.domainsurfer.com/ssearch.cgi?dom=windows ), and they are allowed to exist because they are reasonably distant from Microsoft's business.

I am not a lawyer, and if you're truly concerned about it, either consult one, or just forget about these names and chalk it up to experience.

I have a handful of potentially TM domains myself, and they require special handling, lest I get in trouble. You just need to be just as careful, is all.

 

[Blackpanther]

I agree with armstrong, Relax.

The trademark issues are a mess and often unfair but they are complex, if you own windowshosting.com it would most likley come under fair use because your simply stating that you offer hosting on the windows platform...

You are free to have tohellwithmicrosoft.com and use it for criticism but as armstong said using it to profit will change things depending on what your selling you could still get away with it, such as selling a t-shirt with tohellwithmicrosoft on it still under free speach free expression and you would be profiting from the labour for making the t-shirts but its complex and risky.

You should do some research on the issue of fair use..

As for "what happen to freedom of speech" If you offened someone or hurt them or the company in anyway you could be in trouble IMHO it only exists if no-one is listning!

Also take note that there is a difference from a legal threat and a citation to attend court...

Ive recieved a few for TM violation but refused to give up the domain on thier demand and they have then bought the domain from me rather than taking me to court..

Hope that helps

-=BP=-

 

[Anthony]

Also, I'd just like to point out that there are other uses of the word "windows", like those things you open in your house for fresh air. I don't think Microsoft will be going after window-selling companies for GarysWindows.com, unless they also start selling the OS with every window purchase.

 

[Mark]

I let one slip by me here while back (was looking at links instead of TM's) - and Tryed to sell on -bay to get out from under - My listing was removed after a couple days (I think Verio ?) - I guess re-selling dom is "profiting" at it's finest - huh ?