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Old 10-13-2009, 04:30 PM   #1 (permalink)
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Talking can i register this domain 'xBox' Games Disscussion

i am planning to open a forum on Xbox

Discussion about Tech,Support,Games(Related to Xbox)

But i think this is a Trademarked Domain so can i open a Forum on Xbox

Domain Name examples:

Xboxfans.com(any TLDs)
xboxgameforum(TLD)

Xboxlovers(any tld)

Any Risk?
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Old 10-13-2009, 04:43 PM   #2 (permalink)
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You probably wouldn't be able to do it since it's trademarked. If Microsoft took you to court, you'd have to prove that "x" and "box" are commonly used words in the English language.

This is an interesting article on the subject: http://ilt.eff.org/index.php/Trademark:_Domain_Names

I think this example from the above article is an example of why you shouldn't try it:
Bad Faith Requirement of ACPA

The ACPA lists nine non-exclusive factors that courts may consider in determining whether a bad faith intent to profit exists. These include whether the domain name is part of a legal name of the defendant, whether the domain name was in use prior to registration by the defendant, and whether the mark is distinctive or famous.

#2 Ford Motor Co. v. Lapertosa, 126 F. Supp. 2d 463 (E.D. Mich. 2001). The district court held that using the famous "Ford" trademark in the domain “fordrecalls.com” demonstrated a bad faith intent to profit from the mark because “Ford” was not part of defendant’s name nor had defendant made any prior use of the domain name in connection with the bona fide offering of goods or services. Further, the “use of the word ‘recalls’ in juxtaposition with the name of a famous line of automobiles, combined with the lack of any semblance of a legitimate reason for defendant to register the domain name ‘fordrecalls’ strongly indicate[d] a bad faith intent to profit.” Id. at 466.
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Old 10-13-2009, 06:20 PM   #3 (permalink)
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thanks,
it means this is risky domain


so i am register other domain like " Game Forums " " Online Game lovers, or game4playings etc.
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Old 10-13-2009, 08:11 PM   #4 (permalink)
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ya, domain like these are always risky as you get some popularity from these, they will follow you and made you to stop your services. So try to get away from such kind of domains
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Old 10-13-2009, 10:50 PM   #5 (permalink)
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you'd have to prove that "x" and "box" are commonly used words in the English language.
this isn't hard lol.
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Old 10-14-2009, 03:35 AM   #6 (permalink)
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this isn't hard lol.
is more then that, they just file to wipo and ur domain gone and only cost them a email
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Old 10-15-2009, 09:34 AM   #7 (permalink)
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Maybe I should rephrase-It'd be easy to prove that "x" and "box" are commonly used; but the OP wouldn't be able to prove that "xbox" is a common English word, because it's not. It was invented by Microsoft for its gaming console.
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this isn't hard lol.
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Old 10-19-2009, 05:45 PM   #8 (permalink)
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Everyone who has responded to this post saying "dont register, you'll get in trouble" Can you reference me one quality site concurring with you? I doubt xbox has the legal right to sue and Id like to see some proof to back up the claim.

www.macrumors.com - This site is not owned by Apple and very large. Id be surprised if Apple could successfully sue them for the name.

kunnusingh: Maybe I'm just paranoid, but I wouldnt post the domain name you want unless you've already registered it.
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Old 11-04-2009, 06:02 AM   #9 (permalink)
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Xbox could take those domains away from you. But most likely they won't, there are so many forums using xbox in the domains so I really wouldn't worry about it.
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