Domain trademark - GoFuckYourself.com

k33n · 06-09-2016, 12:41 AM

Do you think that imlivesex domain is a trademark infrigement?
I have checked on the web and found nothing about it.

robwod · 06-09-2016, 03:10 AM

Here's the thing to consider. ImLive has deep pockets. It takes money to defend yourself. Is it worth the investment given the potential cost to defend it?

Clearly, by this poll, you already know it's potential to cause legal issues. So the question really is... "is it worth it?"

suesheboy · 06-09-2016, 03:24 AM

Quote:

Originally Posted by robwod

Here's the thing to consider. ImLive has deep pockets. It takes money to defend yourself. Is it worth the investment given the potential cost to defend it?

Clearly, by this poll, you already know it's potential to cause legal issues. So the question really is... "is it worth it?"

</thread>

johnnyburnaway · 06-09-2016, 03:59 AM

It's a no brainer. It's a registered, live trademark in the US. Even if you are only promoting them you are setting up a situation where they can just claim it via UDRP (look it up) or through courts. Drop/avoid.

j3rkules · 06-09-2016, 04:45 AM

Yeah, it is a registered trademark. Good luck...

k33n · 06-09-2016, 04:51 AM

Yeah..you are right.Fuck it..ill let it expire.

robwod · 06-09-2016, 04:57 AM

Quote:

Originally Posted by k33n

Yeah..you are right.Fuck it..ill let it expire.

What you could do is reach out to ImLive and request authorization to use it to brand to their sites. Some sponsors will do it, others will not. In some cases, they'll want you to turn over the domain to them and then they will authorize you to use it.

FWIW, we've done this with a number of well-known adult brands/trademarks over the years, where they own the domain, and we market it exclusively under an affiliate arrangement. I know there are downsides to this and certainly naysayers, but it's always worked out well for us, and for me personally.

It certainly does not hurt to reach out the owner of the trademark, with a reasonable business proposal, to use the domain.

VRPdommy · 06-09-2016, 05:33 AM

While owning the domain itself is not a crime or necessarily infringement.

It is the "use of the name" that if it becomes "CONFUSINGLY SIMILAR" to the description of the mark, the domain name itself will be like a extra nail in your coffin as to your intent to confuse the mark.

A trademark is a MAKERS MARK. You may not benefit/profit from being confusingly similar to it. It represents you as to the quality one might expect in goods and services.

If you can establish rights of you own to the name that predate the mark, you have a argument for use.

But to use a domain that is confusingly similar with a mark and with similar goods and services is not a winning combination.

shake · 06-09-2016, 08:14 AM

Choose a better domain, build your own brand. The worst thing you could do is put your time and money into a domain you'll probably lose.

View Poll Results: Is imlivesex.tld a trademark infrigement of imlive.com
Yes	7	100.00%
No	0	0%
Voters: 7. You may not vote on this poll

06-09-2016, 12:41 AM	#1
k33n Confirmed User Join Date: Feb 2009 Posts: 201	Domain trademark Do you think that imlivesex domain is a trademark infrigement? I have checked on the web and found nothing about it.

06-09-2016, 03:10 AM	#2
robwod Confirmed User Industry Role: Join Date: Nov 2005 Posts: 2,539	Here's the thing to consider. ImLive has deep pockets. It takes money to defend yourself. Is it worth the investment given the potential cost to defend it? Clearly, by this poll, you already know it's potential to cause legal issues. So the question really is... "is it worth it?" __________________ NSFW

06-09-2016, 04:45 AM	#5
j3rkules VIP Industry Role: Join Date: Jul 2013 Posts: 22,112	Yeah, it is a registered trademark. Good luck... __________________ How To Build A Porn Site And Make Money \| My Best $$$ Cam Sponsor \| New Webcam Script 3 Top Adult Hosting Providers

06-09-2016, 08:14 AM	#9
shake frc Industry Role: Join Date: Jul 2003 Location: Bitcoin wallet Posts: 4,664	Choose a better domain, build your own brand. The worst thing you could do is put your time and money into a domain you'll probably lose. __________________ Crazy fast VPS for $10 a month. Try with $20 free credit

06-09-2016, 03:59 AM	#4
johnnyburnaway Registered User Industry Role: Join Date: Aug 2008 Posts: 86	It's a no brainer. It's a registered, live trademark in the US. Even if you are only promoting them you are setting up a situation where they can just claim it via UDRP (look it up) or through courts. Drop/avoid.

06-09-2016, 04:51 AM	#6
k33n Confirmed User Join Date: Feb 2009 Posts: 201	Yeah..you are right.Fuck it..ill let it expire.

06-09-2016, 05:33 AM	#8
VRPdommy Too lazy to set a custom title Industry Role: Join Date: Oct 2014 Posts: 10,698	While owning the domain itself is not a crime or necessarily infringement. It is the "use of the name" that if it becomes "CONFUSINGLY SIMILAR" to the description of the mark, the domain name itself will be like a extra nail in your coffin as to your intent to confuse the mark. A trademark is a MAKERS MARK. You may not benefit/profit from being confusingly similar to it. It represents you as to the quality one might expect in goods and services. If you can establish rights of you own to the name that predate the mark, you have a argument for use. But to use a domain that is confusingly similar with a mark and with similar goods and services is not a winning combination.