Copyright worries?

[mrpaul]

There is a VERY good video game domain I want to register, I can't believe one this good is actually available. But I am worried I will run into copyright trouble if I register it. Could I get into trouble if I register it?

 

[DCI]

No. If the company wanted it they would of bought it.

Thats what i think

 

[Dusty]

Uniform Domain Name Dispute Resolution Policy paragraph 4, section A:

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.

If these conditions are met, then Uniform Domain Name Dispute Resolution Policy paragraph 4, section I describes what could happen:

The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

 

[Canuckkev]

So I would say that if you want the domain just cause you think it is worth lots, and don't plan on developing it, then stay away.

As with anything...if you are unsure, don't do it.

 

[Chicken]

As was already posted (in so many words), you wouldn't have to worry about copyright trouble, but you may have to worry about trade/service mark issues. There are places you can search for registered trademarks, but it wouldn't have to be registered for there to be trouble with this, (and the database is only so current).

By your post, we can't really tell if there would be a problem by reading, "VERY good video game domain". It depends on the name, how it is currently used (by the company), how you are going to use it, etc. Trademark law isn't always black and white either, so it isn't always possible to tell you flat out, do it, don't do it. We could tell you one thing, it could end up in court and you could lose the case. Well, at that point the answer would be obvious...

For example, there is a game called GLOBAL OPERATIONS. It wouldn't be a violation of trademark to register this domain http://www.globaloperations.com and start a web host based on this domain (assuming that there aren't trademarks on this name of course).

 

[sense]

in fact I'm in the same situation at the moment. 'm waiting for one to drop which is a registered trademark. allthough I will open a completely different site and I do not think to resell it,I'm still worried so will be quick to open the site if I get the domain

 

[anhedonia]

I always thought it wasn't the domain name you had to worry about; but your actual content. I mean, if you had harrypotter.com, and a bunch of illegal stuff on there; you're seriously asking for trouble. But if you had a little site about your best friend's neighbour's cousin's goat's baby called 'Harry Potter'; what can they do? :confused2

 

[Chicken]

Chips, you're correct, it is the use that is mainly the issue. To complicate things further, a trademark isn't automatically 'world recognized', meaning that the nature of the internet (being a world-wide medium), has posed some interesting problems.

If you just look at the U.S., where maybe you have a registered trademark, you've now got problems you didn't have pre-internet. John's Body Shop in Vermont was fine, and peacefully coexisted with John's Body Shop in California, until both wanted rights to http://johnsbodyshop.com Extend this to John's Body Shop in Germany, and it becomes a mess...

Getting back to the point, yes, it depends more on how you use it, than the domain name itself.

 

[Dusty]

Yeah, that would fall under part III, "your domain name has been registered and is being used in bad faith."

Of course, we're not talking strictly about law here. Registrars follow their own policies.

 

[BlackDeath]

Originally posted by Chicken

For example, there is a game called GLOBAL OPERATIONS. It wouldn't be a violation of trademark to register this domain http://www.globaloperations.com and start a web host based on this domain (assuming that there aren't trademarks on this name of course).

what about if you had the domain before anyone or you even knew it was being made?

 

[Chicken]

It is more the use of the domain, than the domain itself. If you are attempting to use a trademarked word/phrase in a similar way or for a similar purpose, you're going to have problems if you're called on it. Owning a domain doesn't automatically entitle you to use in any manner you see fit, and there are so many factors involved that really, one cannot say *definitively* whether you can use a domain for a specific purpose, without looking into current uses, similar uses, existing trademarks, etc.

It is confusing, but basically, you should realize that a domain doesn't equal a trademark (which is why apple.net doesn't automatically belong to Apple Computer, Inc., as apple.com does). If apple.net sold computers, they'd find themselves in trouble (most likely), but if apple.net sells apples or anything besides computers, then they'd have a better time at retaining the name if it were challenged.

 

[ducktape]

pay the $10 to register it and if they want it then ur out $10 if not you got a good name