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

弁護士

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

弁護士

Generally, you cannot register domain names that include a trademark of a third party, if use of the mark in the domain name is designed to take advantage of the goodwill embodied in the mark reflected in the URL. The word or phrase used in the URL doesn't have to be registered as a trademark per se, as Simon pointed out.

What you have described appears to be a situation where you would be infringing on a third party's trademark rights. Unless the website you are building has some sort of non-commercial aim (i.e. used solely for informational purposes without any intent to profit) or if you can otherwise prove that the use of your domain does not infringe on the third party's trademark rights (i.e. because you were using the mark first or you are using the mark on goods/services that have nothing to do with the trademark owner), you are in hot water with the trademark owner.

I suggest contacting an I.P. attorney on this matter.

弁護士

well known trademarks are protected under natural law, the same principle is inculcated under the Paris convention and TRIPS agreement for ensuring the greater protection through out the national and international legislations. use of any deceptive or identical or similar mark shall attract the infringement of well known or famous mark.

there are many strategical ways to avoid the law suits in different jurisdictions , the remedies and solutions are always varies subject to the domestic laws... i shall be available for any strategic and legal assistance throughout GCC countries and India.