Trademark infringements on domain names

[Jose]

[EDIT]
I didn't post this thread to bash AInc., I'm thinking about putting up a site for the few pieces of software I've been writing (seems that finally something is worth it:)) and the logical choice would be something with the amiga name for purposes or recognition.

Does anyone knows what normally happends regarding domain name registrations, regarding trademark infringements ? For example, if I was to register a domain name called EverythingAmiga or whatever, and the actual site was about the  Amiga, would I be infringing the Amiga trademark ?

The Amiga is completely f*cked up in this, comparing to the PC, cause it has a diferent platform name from the main company responsible for it (Macrohard...). I.e. who would recognize the Amiga platform without the "Amiga" name ? Maybe using Commodore ?
I guess somehow Bill McEwen & all knew this from the begining and their original idea was also that anyone making anything computer related wich involved the Amiga name would have to pay royalties to them.

[weirdami]

If I wasn't lazy, I'd look up where I remember McEwen saying (or was it Wayne recounting a correspondence with Amiga?) that he wasn't going to sue websites with "amiga" in the URL.

[Framiga]

if the content of your site, is AmigaOS related then yes you can't without permission.

[pixie]

You must reference it, otherwise f*ckmicrosoft wouldn't exist now would it?

[weirdami]

@pixie

It would, surely, but it doesn't, because there are rules against bad words in URL's now.

[joekster]

From my understanding (at least here in the us), you can use any name as long as it is clear that you ARE NOT the trademark holder. For instance, you could put a line in the footer stating that you are not amiga technologies (or whatever they call themselves). Honestly if it were to go to court amiga is not a widely recognised brand, so you would have to literally impersonate them for there to be any real legal action...

[Jose]

Well I don't know what Bill said, but I don't trust words, I prefer to know legally how do these things work.
There's bunch of Amiga related sites already wich include the amiga name (amiga.org, amigaworld, amiga-hardware, amigau (amiga university). But maybe those exist for a long time.

@pixie
Hmm, maybe f*uckamiga.com ? :lol:

[murple]

Yeah... it would be extremely hard for the owners of the Amiga name to go after somebody for using the word "amiga" in a domain name (or even in certain product names) unless the person using the name tried to pretend it was an official Amiga business entity or product.

[Jose]

I guess if AInc. started to chase sites they'd be shooting themselves in the foot, but judging by the company's history you never know :-)

[Jose]

See the edit at the thread's beggining...

[itix]

Does anyone knows what normally happends regarding domain name registrations, regarding trademark infringements ?

There are no restrictions in domain name restrictions in this regard but some national domains may have their own restrictions. In Finland it is not allowed for .fi domains.

[Matt_H]

Case study: Sega-Saturn.com (now defunct).

Back in the day, Sega got angry over the third-party use of that domain name. If they did proceed with legal action, it was unsuccessful, as the domain has apparently remained under the original operator's control ever since (or at least, well past the point at which Sega would care).

If Amiga does get mad over something similar, then they probably have no legal footing to stand on.

[Jose]

Sega-Saturn.com is now actually a sepulcre with RIP written on it

[Matt_H]

Jose wrote:
Sega-Saturn.com is now actually a sepulcre with RIP written on it

Yeah, but I think that's simply due to the owner closing the site, not external pressure. It was fully operational until fairly recently (check web.archive.org).

[tomazkid]

Jose wrote:
I guess if AInc. started to chase sites they'd be shooting themselves in the foot, but judging by the company's history you never know :-)

They have already done that.......