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AOL owns everything ?
Discussion: Massachusetts. AOL owns everything ? If a domain name can be registered & purchased, such as aolboys.net and it stands for American Online Boys, is that infringing on America Online's trademark? Can it be possible for a company to own every word put after the three letters aol ? Really looking for answers from people " in the know ." Answer: "AOL owns everything ?" They don't own Microsoft.com, or even MikeRoweSoft.com... "If a domain name can be registered & purchased, such as aolboys.net and it stands for American Online Boys, is that infringing on America Online's trademark?" Maybe. Generally, if you register a domain name that is similar to a registered trademark, then whether or not you can keep it will depend on two things -- if the name is "confusingly similar" and if you are using the name in good faith, and not trying to cybersquat or use the similarity to the trademark to attract traffic to your site. However, because AOL would likely be considered a "strong mark" it will have further protections, and you would really have to show a valid, bonafide use to keep the name. "Can it be possible for a company to own every word put after the three letters aol ?" No, but AOL has enough $$$ to make it not worthwhile for anyone to fight them on it. Answer: Thank you for that insight, it is bassicly what I have been reading. It is true they have a " Dream Team " ( Arent Fox ) and the threatening emails have began to arrive in my inbox. Answer: Are These confusingly similar ? American Online Boys AMERICA ONLINE Answer: "Are These confusingly similar ?" There is no rule that will tell you absolutely whether two terms are confusingly similar or not. That's for the courts to decide, using one of several 8-part tests. The problem is, can you afford to go to court to let them decide? You could talk to an attorney before registering the name to help determine whether or not the name is likely to be found to be confusingly similar, but that won't keep you from getting sued if AOL thinks it is confusingly similar. Even if a lawyer is absolutely convinced you will win in court, are you going to make enough money off of the use of the domain -- say many tens of thousands of dollars -- that it will be worth going to court to defend it? That's why it appears AOL (or Microsoft, etc.) appear to own "everything" -- because it is generally not cost effective to fight them. You could go ahead and register the name -- just be ready to eat the registration fees if AOL decides they want the name protected... Answer: Just register AmericaBoysOnline and be done with it. Copyright © 2006 - 2009 www.todayquiz.com
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