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Domain Woes

  • 21-09-2013 9:37am
    #1
    Registered Users, Registered Users 2 Posts: 7,541 ✭✭✭


    This post has been deleted.


Comments

  • Registered Users, Registered Users 2 Posts: 2,426 ✭✭✭ressem


    (I am not a lawyer. )
    Reading the IEDR rules (https://www.iedr.ie/naming-policy/), they state that

    A CTM (Community Trademark) provides a connection to Ireland automatically.
    A WIPO (World Intellectual Property Organisation) may include Ireland (IE) in it’s trademark listing, in which case, it will also serve as a connection to Ireland.

    So you could check whether the term has been trademarked in either of these manners.
    It is not possible to register as a trademark a term that is generic for the goods/services identified in the application. If a trademark becomes generic, often as a result of improper use, rights in the mark may no longer be enforceable.

    If not then then the magazine would have to demonstrate a substantial connection to Ireland to be eligible to hold the .ie domain name.

    Provided that the look and content of your site has no resemblance to the international magazine then the magazine shouldn't have a claim on your domain.

    But you might still get threatening legal automated letters from lawyers insisting that you hand the domain over to the magazine because of poorly specified "visitor confusion". But if you hold a domain name you will have to get used to all sorts of spoofers and quasi legal try-ons.

    My non-legal approach would be a written demand that they demonstrate a right to hold the IE domain based on the IEDR rules that is superior to yours. But getting advice from your legal advisor would be a much better idea.


  • Registered Users, Registered Users 2 Posts: 7,541 ✭✭✭Heisenberg.


    This post has been deleted.


  • Banned (with Prison Access) Posts: 388 ✭✭Atomico


    I would not advise running with the same name as this global magazine. First off, why on earth would you want to have the same name as a huge brand?! You should build your own brand.

    Tell me you aren't looking to set up menshealth.ie or something...

    They also may have cause to shut you down, if you are in the same sector as them - and it sounds like you are.

    Much better to focus on building your own unique brand, there are tonnes of domains you can use if you think creatively.


  • Registered Users, Registered Users 2 Posts: 7,541 ✭✭✭Heisenberg.


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 874 ✭✭✭devildriver


    If you are just using it as a hobby site and it's a generic word that cannot be trademarked then go for it. As long as you are not trying to emulate the magazine or in any way pass yourself off as associated with that maagzine then there's no real conflict.


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