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Domains with the word vBulletin in them - what's the story?

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  • Domains with the word vBulletin in them - what's the story?

    A few months back, I wanted to create a not-for-profit site devoted to supplying people with free vbulletin styles/tips/discussion etc.

    I submitted this idea to the vBulletin team.

    The response: No. You may not use these domains, as they have our trademarked name in them. We have to protect our trademark.

    Fair enough.

    Not fair enough: Allowing someone to do exactly that, and having it in the list of sites up for BOTM.

    (And yes, I would have posted this even if my own site was not in the BOTM list for this month).
    My Live vB5 Site - NZEating.com
    vBulletin Hosting | vBulletin Services - Need hosting for your vB? Need it installed? Something else? Let me take that hassle off your hands.

  • #2
    Sorry, there are numerous domains having the name windows and/or microsoft involved in them.. (if i am not wrong as what i have seen)

    Windows and Microsoft both are Copyrighted/Registered trademarks here..
    so how will work "Vbulletin" matter ??
    TechArena - TechArena Community - News - Download - Video - Guide - Review

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    • #3
      I'd say that any vbulletin.TLD domains belong rightfully to Jelsoft (as was seen with vbulletin.de and Adduco).

      Other domains with vbulletin in it shouldn't be a problem from my point of view.
      Best Regards
      Colin Frei

      Please don't contact me per PM.

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      • #4
        You can use whatever name you'd like in any domain you'd like if you meet this requirement.

        That if the name is trademarked you can not use the site for profit

        US law < Vbulletin law

        so if you wanted something like www.vbulletinrocks.com you could get it, or if you hate vbulletin for whatever reason, something like www.vbulletinsucks.com you could have that too

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        • #5
          sounds like u got fed some u know what
          i fear a lock coming

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          • #6
            It reminds me of that old saying its better to ask for forgiveness than for permission.

            As for windows, it was ruled that windows was too generic a term. Vbulletin however, like microsoft itself, is not.
            Plan, Do, Check, Act!

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            • #7
              I think this is a valid question that Jelsoft should address publicly to avoid any appearance of inconsistency or favoritism.

              Interestingly, Kall, one of the links in your signature points to a site (TLD) with the word vbulletin in it ... and not all of the styles are "free". Quoting from the site, "Various are free for download and some are not free for download." So, this belies the notion that trademark restrictions are applied universally based on content (profit vs. not-for-profit).

              So, when are domains allowed to use the word "vbulletin"?

              Could Jelsoft please clarify?

              .
              Last edited by spence; Thu 25 Aug '05, 6:49am.

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              • #8
                im no lawyer but i think if someone runs a site called honda-fans.com theres nothing honda motors can do about it

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                • #9
                  Originally posted by Zonex
                  im no lawyer but i think if someone runs a site called honda-fans.com theres nothing honda motors can do about it
                  Honda can't take away your legal right to run your 5 Hondas because they feel your use of their name in a domain is against the terms of the license agreement you signed when you bought your Hondas.

                  @spence: That domain is the one that gave me the idea. Of course, it is owned by a Jelsoft employee, so the distinction becomes blurred there.
                  My Live vB5 Site - NZEating.com
                  vBulletin Hosting | vBulletin Services - Need hosting for your vB? Need it installed? Something else? Let me take that hassle off your hands.

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                  • #10
                    Originally posted by kall
                    Honda can't take away your legal right to run your 5 Hondas because they feel your use of their name in a domain is against the terms of the license agreement you signed when you bought your Hondas.
                    .....................

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                    • #11
                      Trademark Infringement and Domain Names:
                      In domain name disputes, the party seeking to obtain the domain name typically relies on their trademark rights. In most cases, the domain name was identical to the company's well-established trademark. However, that fact alone is insufficient to prove a charge of trademark infringement. As explained in the BitLaw discussion on trademark infringement, the similarity of the two marks in question is only one (albeit important) factor to be considered. In fact, in some of the situations above it is not clear that any trademark infringement is actually occurring. In the roadrunner.com situation, Warner Brothers has no history and no intention of offering Internet access services to the public. In addition, Warner Brothers has allowed many other companies to operate businesses under the Road Runner name. As a result, it would be difficult to prove that the operation of a web page for Internet access services under the roadrunner.com domain name would involve a likelihood of confusion with their Road Runner mark.

                      Dilution and Domain Names:

                      In addition to claims of trademark infringement, domain name disputes often include an allegation that use of the domain name dilutes a famous mark owned by the plaintiff. Under the dilution theory, the plaintiff would have to show the mark was "famous", and that the use of the domain name actually dilutes this famous mark (see the BitLaw discussion of dilution for more information on the requirements for dilution). Since the dilution theory does not require showing a likelihood of confusion, plaintiffs may find the theory a helpful aid in obtaining domain names "stolen by others." On the other hand, the requirement that the mark be famous should limit these types of domain name disputes to those circumstances involving marks which are immediately associated to a single source.
                      http://www.bitlaw.com/trademark/index.html
                      http://www.keytlaw.com/urls/howtoobtain.htm

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                      • #12
                        Originally posted by Zonex
                        .....................
                        I have 2 owned and 3 leased (or 3 owned/2 leased..can't remember) and if I went against the instructions of Ashley (who was the staffer who told me I could not use the domains), I believe that vB would be within their rights to yank all my licenses, should they choose to.
                        My Live vB5 Site - NZEating.com
                        vBulletin Hosting | vBulletin Services - Need hosting for your vB? Need it installed? Something else? Let me take that hassle off your hands.

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                        • #13
                          who is taking about vbulletin software?
                          Last edited by Zonex; Thu 25 Aug '05, 2:50pm.

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