Legalities of domain name containing registered brands / trademarks / companies?

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Caporegime
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Just wondering if anyone can speak with authority on this scenario...

A legal company exists.

I wish to buy a domain name containing that company name plus the service being offered.

For example if I registered IntelServices.co.uk, which installed Intel CPUs (stupid but just as an example).

Assuming I did not register the company name Intel Services with Companies House and was trading as Robbie G Ltd. or something, can I provide my services through that website without having to fear that Intel will come along and remove it from me?

Cheese gaiz!
 
They'd win if it went to court, AFAIK.

I.e. I work for RealVNC and we own the VNC trademark, if we were to enforce it against UltraVNC for instance, we'd win no contest - which would include domain name, etc.
 
I doubt it would matter if you could or could not, a company that big would shut you down if they wanted. They have billion in the bank how much have you got?
 
I don't think it's quite so clear cut. As long as the content of your website does not relate to the industry within which the trademark holder operates you should be fine.

In that scenario, you're more likely to be able to sell the domain for a pretty penny.

Bear in mind that sites like this exist despite their numerous copyright and trademark infringements and libellous content. Internet law is so sketch it's ridiculous. Look how long it took to prosecute the owners of The Pirate Bay.
 
edscdk said:
I doubt it would matter if you could or could not, a company that big would shut you down if they wanted. They have billion in the bank how much have you got?
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I know what you mean, but it's not always that simple. No matter how much money I had, I couldn't shut down someone trading perfectly legally just by going through the legal system.

Theophany said:
I don't think it's quite so clear cut. As long as the content of your website does not relate to the industry within which the trademark holder operates you should be fine.
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The website is selling a service for people that have bought the company's products, so it relates to that extend.
 
I know what you mean, but I'm not selling their products as such, I'm selling a service that relates to their products. This could potentially be seen as something that detracts from a certain element of their business.

For example, I worked for a heating company. They successfully forced a business name change for someone that had started selling their services as xxx Services Ltd. However I don't know if the domain remained in place, which relates to my question.
 
Ah, then I really couldn't say with any degree of certainty mate. I guess it would be down to their discretion, if they felt that the website on your domain was sufficiently denting their figures and could provide evidence to back that up they might well have a case against you. Otherwise I imagine their only other recourse would be the old copyright/trademark infringement route, but IIRC a company must defend their trademarks and copyrights within a reasonable timeframe, otherwise they're much less likely to win such a case.
 
As one person said - as long as the website you created had nothing to do with the industry in which the trademark is awarded you should be fine.
So if you registered:

intelservices.co.uk

If you created a personal website, or one about cars etc then you should be fine.
If it went to court you could claim that the site is in no way attempting to look like a site owned by "Intel".
Add in a disclaimer on your website and you'd probably be OK.

If however the site was all about Intel, all about CPU's all about computers or a commercial site then you'd almost certainly lose.

Somebody mentioned selling the domain for money - no, not an option.
If you registered and then tried to sell one of a few things would happen.

1. Intel would not buy it, they just wouldn't be interested in the name.
2. Intel will claim the domain was registered in "Bad faith" - with the sole reason to attempt to make money from one company (Intel) and will be awarded the domain for free.
3. Intel will take you to court and probably win the domain

Domains are very much sold on a first come first served basis.
However trademarks are protected.
A company doesn't need to register all versions of their domain name because they are generically covered by their trademark.
Register at your own risk.
 
Theophany said:
Well seeing as you're not competing with them and are actually selling their products they'd have to be loopy to try and take your domain from you. :confused:
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Although it certainly makes it seem like they're the official "support" for the product.
 
It wouldn't go to court, they'll complain to whoever owns the TLD. For example Nominet have their own arbitration system and often rule against people who carry out this practise. It's happened with a Wayne Looney fansite and orange/voda a few years ago.
 
Tefal said:
Although it certainly makes it seem like they're the official "support" for the product.
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Which is a problem...presumably a disclaimer as mentioned by stoofa (albeit in a different context) would only come to my rescue if the site was purely informational or hobby-based or something.

vonhelmet said:
If you were operating as Intelservices, and you do a bad job and Intel's CPUs fail, will intel be happy? Nope.
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Absolutely not. I really want to explain the exact scenario, but I can't...it would be a promotional tool to sell a service that would actually potentially increase business for the company in question, so I'm in no danger of giving them a bad name by breaking anything or installing anything badly. It's a marketing service of sorts.

Janesy B said:
It wouldn't go to court, they'll complain to whoever owns the TLD. For example Nominet have their own arbitration system and often rule against people who carry out this practise. It's happened with a Wayne Looney fansite and orange/voda a few years ago.
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If the worst that could initially happen is that I get a nasty letter and they remove the domain from me, then I might as well just try and see what happens.

If they however have some basis for take me to court for damages / infringement of trademark etc., then it's not worth the risk.

I think I'll just try it. The domain is very cheap for a .co.uk but that's not really what concerns me.
 
Dracata said:
They'd win if it went to court, AFAIK.

I.e. I work for RealVNC and we own the VNC trademark, if we were to enforce it against UltraVNC for instance, we'd win no contest - which would include domain name, etc.
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Forgive my ignorance, but I thought that it was possible to lose the right to a trademark if you don't enforce it. Have I got that wrong?
 
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