Tell me more ×
Answers OnStartups is a question and answer site for entrepreneurs looking to start or run a new business. It's 100% free, no registration required.

I've recently registered a domain name, but was contacted by a big-name toy company recently, saying my domain name infringed on their trademark. The domain name does contain a toy's name (within the full domain name). They want me to transfer the domain name to them, but I want to keep it. What ramifications might there be?

share|improve this question
2  
I'd tell them you are keeping it. As long as you are not a toy company you should be fine. If you want real advice go see an attorney - but you can also go look up their trademark and see what industry/domain they are trademarked for. If you are not confusing customers you should be fine. If you are selling toys or toy-related things - then definitely see an attorney. – TimJ Oct 13 '11 at 19:45
You need to get legal advice on this. – Joel Friedlaender Nov 13 '11 at 0:29
What country are you in, what country are they in, what country is the trademark registered in? – David Dec 13 '11 at 9:51

4 Answers

I had a legal question similar to this a while ago, and I posted it on Avvo.com and got 4 answers from lawyers within 24 hrs. The advice I got (free) was amazing. This is not a commercial. check it out

share|improve this answer
3  
Maybe post a link you your question to help the OP... – Hartley Brody Oct 16 '11 at 20:53

Does the toy name has any meaning other than being a brand name? If not, then you are not safe. You are also in trouble if you were using the toy name for its derived meaning - for example "photoshoped" is a term of it's own nowadays, but using it still infringes on Adobe's trademark in some situations. It doesn't necessarilly matter whether you are dealing with toys or not, because using their trademark name in other contexts may have negative consequences for them. On the other hand, trademarks do have a scope attached to them, which may work in your favour.

share|improve this answer

If it means that much to them, they should have registered it already ;-)

Also, each registrar has a clear procedure to deal with these situations, which doesn't involve them sending you emails.

share|improve this answer

As someone else mentioned above, there is only likely an issue if you are selling toys or something related to toys (i.e. toy cleaning products or perhaps children's clothes).

Simple question to ask yourself, did I register the domain so people that buy product X from the toy company will come to my website to buy my product(s)/service(s)? If the answer is yes, they are likely correct.

You should certainly consult with an attorney though.

NOTE: My post is for informational purposes only and does not establish a lawyer/client relationship.

share|improve this answer

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.