Trademark question

[popupbloke]

I'm unsure of trademark laws and don't wish to tread on any (very expensive) toes. But hypothetically if I wanted to set up a website selling Kellogs' cereals (I dont, lovely though they are), what domain would I be permited to register.

obviously (if it were availiable) www.kellogs.com would quite rightly get me in trouble.
as would www.kellogs-cereals.com
but could I register www.I-sell-Kellogs-Cerels.com ??
or could i use a sub domain called www.Kellogs.I-sell-cereals.com
or can you not even mention who's goods you sell in your domain name.

Many thanks for any help in this; I asked for advice on this forum a few years ago after I innocently registered easysafari.com just before the easy company started suing people. I dropped it quick just in case. I don't want that stress again, but wondered if there is a perfectly safe way to mention who's goods you are selling.

Thanks in advance.
Dave

 

[Ashton]

I'm unsure of trademark laws and don't wish to tread on any (very expensive) toes. But hypothetically if I wanted to set up a website selling Kellogs' cereals (I dont, lovely though they are), what domain would I be permited to register.

obviously (if it were availiable) www.kellogs.com would quite rightly get me in trouble.
as would www.kellogs-cereals.com
but could I register www.I-sell-Kellogs-Cerels.com ??
or could i use a sub domain called www.Kellogs.I-sell-cereals.com
or can you not even mention who's goods you sell in your domain name.

Many thanks for any help in this; I asked for advice on this forum a few years ago after I innocently registered easysafari.com just before the easy company started suing people. I dropped it quick just in case. I don't want that stress again, but wondered if there is a perfectly safe way to mention who's goods you are selling.

Thanks in advance.
Dave

Don't have a TM in the domain name. Sub domains and folders are ok from a legal perspective. Whether the company would be happy or not, you can only ask them.

 

[accelerator]

Where it's a made up, non-dictionary name, i.e. a brand name that someone has conjured up, like Kelloggs, or Sony Ericsson, it's best to avoid these names altogether, as you can't possibly have a claim to them and you would lose in a domain dispute.

When your domain contains only dictionary words, e.g. bestbroadband, then you might have to look at what other trademarks have been registered by others at ipo.gov.uk. In general, you should be free to register "generic" terms, and trademarks involving dictionary words, e.g. best or easy, are a bit of a grey area in many ways (in my opinion). Just because someone has registered best-something does that give them a right to best-something-else (not necessarily in my opinion, but that's where the expensive lawyers get involved).

Rgds

 

[accelerator]

My general advice would be it's much more sensible to stick to generic terms like these.

Regging terms containing other people's intellectual property is not a good strategy in my opinion.

Rgds

 

[Bailey]

The simple rule to apply is - Do not attempt to 'profit' from a trade mark term. (fair comment is permitted)

So - "I like Orange. tld" can be used for just about anything apart from "telecomunications or in an TM infriging way"

I own the common term "techguy in couk" I can do what I want with it in its common usage. If I tried to use it to resell PCWorlds services - it would be considererd to be infringing their "The Tech Guys" TM.

Trade Mark law really is just applying common sense - "Am I trying to profit from 'The protected' endeavours of another" or more importantly would the legal profession believe I was attempting to profit.

There is a whole lot more to it. I studied it for two years as an business law option and barely scatched the surface. But, if you apply the above you won't go generally wrong

 

[Retired_member41]

If the product has a significant and accepted resale value, as long as you are not pertaining to be the actual tm holder or linked to them in any their capacity other than selling their goods, you will more likely than not be allowed to use the name.

But I do stress that it must be a product of significant re sale value with a life expectancy of more than 10 years.

So with Kellogs your on a loser. And a tm holder could always object anyway, so a gamble unless you gain prior consent.

I now fancy some crunchy nut cornflakes lol

 

[Bailey]

TM /copyright/ passing-off/ intellectual property/ original works.

It's a lovely area of exploration - If it feels wrong , It usually is - as my ol'mum often said

 

[popupbloke]

Thanks all for your replies. I guess its analogous somewhat to having a high stree business. You couldn't have someone elses trademark on the sign above your door (your domain name), but the sign in the window (subdomains/pages/folders) can advertise that you stock xyz's products.
Still, the subdomain I used in the first post seems too close to the wind to me so I still wouldn't dare to be that blatant.
I'll stick to generics.
Thanks for the good advice.
Dave.