Trademarks in domains etc

Russinating

Russinating

Russinating

Soldato
Joined
27 Dec 2005
Posts
17,316
Location
Bristol
Calling all IP experts!

Is it legal to sell a product that includes a trademarked brand (in its name) because it includes something from that brand? For example, if someone sells Lego jewellery, are they allowed to use a domain name such as www.lego-necklaces.com?

Obviously Lego is trademarked, and it's being used in the domain, but you're just saying what it is that's being sold.

Any knowledge appreciated :).
 
i imagine your not even supposed to sell lego like that

however theres plenty of sites that get away with this sort of thing , usually selling fake nike's etc
 
IANAIPE, but it's not a good idea.

The trademark holder would have a case against you if you used their trademark in your company name. Your statutory defence might be that their trademark is a common term, but this is not the case with something distinctive such as 'lego'

Likewise, they may dispute your ownership of the domain name. It would not be worth your while to fight such a case; most people just hand the domain over.

Of course whether any of this actually happens depends on the extent to which you draw the ire of the trademark holder. I doubt having a 'lego necklaces' business and associated website, although a potential trademark violation, would attract legal attention, but then it depends on the company.

Companies have a duty to protect their trademark, so many are extremely litigious.
 
Cheers for the advice Al. I've contacted the copyright holder in question (they have a commercial permission application form) anyway - can't do any harm.

Forgetting the use of the word Lego (or whatever) in the domain, what about actually selling a product with Lego in the title?
 
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