Domain Name Laws and Ethics - AppleIpadSucks.com
I had a similarly titled question open a while back on this topic and I got some great feedback. There is something that still isn't clear in my mind about this so I'm posting a new question.
Let's say for example that you bought the following domain name: AppleIpadSucks.com
Now let's present several different scenarios:
1) You don't use the domain name for anything.
2) You post somewhat unrelated information on the domain name and place ads on the site.
3) You post long lists of why the Apple iPad Sucks.
4) You post long lists of why the Apple iPad Sucks and you place ads on the site.
5) You post long lists of why the Apple iPad Sucks and you encourage people to buy a [you name it here] complete with affiliate links.
6) You allow the public to come post their complaints about their Apple iPad.
Is there some fundamental law that you've violated in all of the above cases? Have you violate already when you purchase the domain name or is it only when you utilize the website for something that defames Apple and/or their product(s)?
Disclaimer: I have no interest in the domain name appleipadsucks.com. Someone does already own it and that someone is not me or anyone I know.
Let's say for example that you bought the following domain name: AppleIpadSucks.com
Now let's present several different scenarios:
1) You don't use the domain name for anything.
2) You post somewhat unrelated information on the domain name and place ads on the site.
3) You post long lists of why the Apple iPad Sucks.
4) You post long lists of why the Apple iPad Sucks and you place ads on the site.
5) You post long lists of why the Apple iPad Sucks and you encourage people to buy a [you name it here] complete with affiliate links.
6) You allow the public to come post their complaints about their Apple iPad.
Is there some fundamental law that you've violated in all of the above cases? Have you violate already when you purchase the domain name or is it only when you utilize the website for something that defames Apple and/or their product(s)?
Disclaimer: I have no interest in the domain name appleipadsucks.com. Someone does already own it and that someone is not me or anyone I know.
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scrathcyboy
strike 'nebulous' above. I meant to say that each item could take pages of point/counterpoint to cover.
ASKER
I think I'm mostly concerned about creating a site that ends up causing a court battle. If I use, for example, "Apple" in my domain name I would think that could be viewed as violating trademark laws.
Number 7 does seem like a good option and one I may consider pursuing.
Number 7 does seem like a good option and one I may consider pursuing.
" If I use, for example, "Apple" in my domain name I would think that could be viewed as violating trademark laws."
NO. I love apple -- I hate apple -- neither violates TRADEMARK laws, because you are not claiming you are Apple Inc. -- via deceptively similar names. It is clear from the web name that you like (hate) Apple products, so the issue is NOT one of trademarks at all -- the issue is whether you DEFAME the company Apple. These are two clearly distinct legal considerations. If you tried to get --
apple_I-pad.com
that would be a TRADEMARK issue, not a defamation issue. The scenarios you discuss have nothing to do with trademarks, they are all to do with whether they damage apple's business or not, and that is a defamation consideration by the Courts, not a trademark one.
NO. I love apple -- I hate apple -- neither violates TRADEMARK laws, because you are not claiming you are Apple Inc. -- via deceptively similar names. It is clear from the web name that you like (hate) Apple products, so the issue is NOT one of trademarks at all -- the issue is whether you DEFAME the company Apple. These are two clearly distinct legal considerations. If you tried to get --
apple_I-pad.com
that would be a TRADEMARK issue, not a defamation issue. The scenarios you discuss have nothing to do with trademarks, they are all to do with whether they damage apple's business or not, and that is a defamation consideration by the Courts, not a trademark one.
ASKER
OK, gotcha.
America has this "freedom of speech" right in the constitution, for better or for worse. News media sites abuse it and use it to control the minds of the public, knowing they have immunity. Theirs is the WORST abuse of the freedom of speech amendment.
You on the other hand are just an impacted user of a product (in this fictitious scenario) that is overhype and underperform, and you are ripped by it. So you have the right to say whatever you want about it, as long as you don't deliberately try to undermine the revenue of the company involved. Even if you do, you still have the right to say whatever you think.
However, to be safe and be able to sleep well at nights, it is better if OTHERS say what you want said. It is a matter of giving testimonials on your site, just using people's initials and state, not their full name, to where you protect their privacy from attack, and you protect yourself, because you are not setting yourself up as a target for shooting practice.
Hey if 100 people send in complaints about the Walmart Trac-phone as a scam, all you are doing is reporting a common problem. You are doing consumers a FAVOR, and the site can ONLY be seen as a positive contribution to cut down consumer fraud.
You want to pepper such sites with lots of facts about problems you or others have encountered, and then what can the company say? That these problems don't exist? Sure ......
You on the other hand are just an impacted user of a product (in this fictitious scenario) that is overhype and underperform, and you are ripped by it. So you have the right to say whatever you want about it, as long as you don't deliberately try to undermine the revenue of the company involved. Even if you do, you still have the right to say whatever you think.
However, to be safe and be able to sleep well at nights, it is better if OTHERS say what you want said. It is a matter of giving testimonials on your site, just using people's initials and state, not their full name, to where you protect their privacy from attack, and you protect yourself, because you are not setting yourself up as a target for shooting practice.
Hey if 100 people send in complaints about the Walmart Trac-phone as a scam, all you are doing is reporting a common problem. You are doing consumers a FAVOR, and the site can ONLY be seen as a positive contribution to cut down consumer fraud.
You want to pepper such sites with lots of facts about problems you or others have encountered, and then what can the company say? That these problems don't exist? Sure ......
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