Will there be problems if a branded word is used in the domain name?

C

CREV2021-04-12 12:58:15

Law in IT

CREV, 2021-04-12 12:58:15

Guys, please tell me, will I get a hat if I have a domain, for example, 7upitweb.ru, I write all sorts of tabular macros, can lawyers from 7up get to the bottom of me and take the domain?

Reply

Answer the question

In order to leave comments, you need to log in

8 answer(s)

I

Ivan Shumov, 2021-04-12
@inoise

They can if the owners of the company have a strong desire to take away this domain from you. There were similar precedents with companies like Google, Nike, Apple.

A

Alice, 2021-04-12
@w3bsmes

The company has already bought up all the domains they need a long time ago, so you shouldn't worry.

B

BasiC2k, 2021-04-12
@BasiC2k

A trademark or brand must be registered by the copyright holder. In the Russian Federation, registration is carried out by type of activity. Those. if 7up is branded as a juice brand, then another company can brand itself selling computers under the 7up brand.
With international law, things are a little more complicated.

C

Cheypnow, 2021-04-12
@Cheypnow

https://en.wikipedia.org/wiki/Microsoft_v._MikeRoweSoft

S

Sergey Karbivnichy, 2021-04-12
@hottabxp

A lot depends on the goal. If used for phishing, then most likely they will be taken away. There are many examples when they do not select. For example:
1) SaveFrom.net - add the letters ss before the link to the video - ssyoutube.com/watch?v=n1F_MfLRlX0 , and go to the video download page (it's really a redirect, but still the ssyoutube.com domain belongs to savefrom.net).
2) github1s.com/python/cpython/ - if you add 1s after github (on any repository) - it will open in the online version of VisualStudio Code

C

CityCat4, 2021-04-12
@CityCat4

In this example, most likely not. Firstly, writing macros is far from the production of soft drinks, and secondly, our Russian legislation is clumsy in such matters :) The
real danger arises when:
- spam
starts coming from a similar domain - "black" traffic starts to climb from a similar domain - substances, casino, politota
- trading in competitive goods begins :)
This is where lawyers will react quickly and painfully :)

L

Legal Adviser, 2021-05-05
@Legal2019

Through the court they can squeeze your domain and hang all legal costs.
The question is different:
Is there a TM registered in the zone in which the domain is registered.
If there is, the TM domain strongly resembles or not, whether the name is derived, etc. etc.
Y. Conclusion:
Don't worry. Do it. That's when you get a claim, then to a lawyer immediately. Until then, don't sweat it.