Can I use domain names that are similar to major brands?

Question

As an example, could I use something like youtubehacks.com, appletutor.com or facebooknet.com? For a company that develop products specifically geared towards users of some major platforms it would be useful to have a domain name that sounds accordingly, but what do you have to keep in mind in order to avoid lawsuits?

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Answers: 3 public & 1 private

F56b616a4f
Lawyer

Hi! See my answer to a similar question (from Poland), made on 5 August.

The universal principle on the matter is that a trademark is protected by the specific infringement action against any competitor and unauthorized sign, exploited for identical or similar goods and / or complementary to its own and causing confusion with her in the minds of consumers.

Well-known trademarks are protected themselves with regard to products and services for which they are however not registered.

Infringement - legally speaking - means the servile or quasi-servile reproduction or the imitation of a previous trademark. The simple or semi-figurative, national, international and Community "youtube", "apple" and "Facebook" trademarks are protected against any competitor signs - trademarks, company names, trade names, signs, acronyms, domain names ... or other denomination and sign - that could harm them, in all countries where they are in force, whatever the goods and services when the said trademarks are well-known ones. In practice Apple Inc. and the other famous holders of the considered branding are systematically conducting a declared brands defense policy - that is perfectly normal and legitimate - in front of the ordinary judicial courts as before national and Community Offices (OHIM) and the arbitration and mediation centers such as WIPO.

I can only recommend not to register domain names or trademarks and more generally not to use and exploit - without a written and clear authorization of the aforesaid notorious holders - signs built around a name including "youtube", "apple" or "facebook" and generally likely to lead to a visual, phonetic and/or conceptual confusion with the "youtube", "apple" and "facebook" trademarks in the minds of consumers, if you do not want to attract you lightning and the wrath of Youtube, Appeal and Facebook companies lawyers … It is certainly what you have to constantly keep in mind in order to avoid lawsuits in all countries, including Singapore!

Don't hesitate to contact me directly should you need any further information.

Your sincerely,
Simon

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