http://www.savagehost.com/copywrite-question-can-you-use-a-companies-name-in-a-domain-name-for-a-service-business-without-permission.html Just another WordPress weblog Tue, 02 Mar 2010 23:13:58 -0600 http://wordpress.org/?v=2.8 hourly 1 http://www.savagehost.com/copywrite-question-can-you-use-a-companies-name-in-a-domain-name-for-a-service-business-without-permission.html/comment-page-1#comment-11376 RayM Tue, 10 Nov 2009 01:39:00 +0000 http://www.savagehost.com/copywrite-question-can-you-use-a-companies-name-in-a-domain-name-for-a-service-business-without-permission.html#comment-11376 I would think Avon would be sending you a letter, especially if you say not Avon. These are Trademarks and the courts have allowed things like victor's little secret. I would think Avon would be sending you a letter, especially if you say not Avon. These are Trademarks and the courts have allowed things like victor’s little secret.

]]> http://www.savagehost.com/copywrite-question-can-you-use-a-companies-name-in-a-domain-name-for-a-service-business-without-permission.html/comment-page-1#comment-11375 sago Mon, 09 Nov 2009 19:08:17 +0000 http://www.savagehost.com/copywrite-question-can-you-use-a-companies-name-in-a-domain-name-for-a-service-business-without-permission.html#comment-11375 It isn't copyright infringement, no. As long as you don't use their logo or content. But it would be trademark infringement, so long as the trademark owner could show that your use of it may confuse customers into thinking that your business was connected in some way. That's the test, not whether you acknowledge the trade mark or try to use it without permission. Of course, even if they couldn't possibly be confused (and from your question it sounds like they definitely could, but for argument's sake), if you used the trademark, they would start legal proceedings, and even if you though you'd win, you wouldn't have the resources to fight the case. So you'd be much better off avoiding the whole thing. It isn’t copyright infringement, no. As long as you don’t use their logo or content.
But it would be trademark infringement, so long as the trademark owner could show that your use of it may confuse customers into thinking that your business was connected in some way. That’s the test, not whether you acknowledge the trade mark or try to use it without permission.
Of course, even if they couldn’t possibly be confused (and from your question it sounds like they definitely could, but for argument’s sake), if you used the trademark, they would start legal proceedings, and even if you though you’d win, you wouldn’t have the resources to fight the case.
So you’d be much better off avoiding the whole thing.

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