Thread: Please help me weather its legal or not

Hello,

I have a domain registered same name as some other site have but extension is different (the others is .com and mine is .in) which is related to videos, and i am also planning to make my domain a video sharing site, will this happen to be trouble for me? please give your valuable suggestions

Thanks

Hello srinoo,

If the video term is a trademark and is known in India, then you will likely face trademark infringement problems.

If it's a generic word then, as a general rule, it can't be trademarked and there shouldn't be any problem with your owning the .in version. However, note the exception if the generic word acquires a secondary meaning.

Hi thanks for quick reply, and information....its viddler is this ok? with .in

Originally Posted by Ceres

Hello srinoo,

If the video term is a trademark and is known in India, then you will likely face trademark infringement problems.

If it's a generic word then, as a general rule, it can't be trademarked and there shouldn't be any problem with your owning the .in version. However, note the exception if the generic word acquires a secondary meaning.

Originally Posted by srinoo

its viddler is this ok? with .in

Viddler seems to be a surname. However, Viddler Inc has used "Viddler" in association with video-sharing services etc for a number of years and the Viddler.com site is popular in many countries.

Viddler is not a common surname in India. However, Viddler.com has a traffic rank of 3,860 in India - this shows that the Viddler brand (in association with video-sharing) is well-known in India.

Originally Posted by srinoo

i am also planning to make my domain a video sharing site,

Even if Viddler is not a registered trademark, I think Viddler Inc. has likely acquired common law trademark rights in India for "Viddler" used in association with video-sharing services etc.

Therefore, it will be risky to use the domain Viddler.in as a video sharing site (as it will likely infringe on the trademark rights belonging to Viddler Inc).

The above is just my opinion. I'm not a lawyer.

Hmm, looks my domain will gets strucked, and i cannot make it live, but i already registered the domain...

...anyway thanks for your valuable info

Originally Posted by Ceres

Viddler seems to be a surname. However, Viddler Inc has used "Viddler" in association with video-sharing services etc for a number of years and the Viddler.com site is popular in many countries.

Viddler is not a common surname in India. However, Viddler.com has a traffic rank of 3,860 in India - this shows that the Viddler brand (in association with video-sharing) is well-known in India.



Even if Viddler is not a registered trademark, I think Viddler Inc. has likely acquired common law trademark rights in India for "Viddler" used in association with video-sharing services etc.

Therefore, it will be risky to use the domain Viddler.in as a video sharing site (as it will likely infringe on the trademark rights belonging to Viddler Inc).

The above is just my opinion. I'm not a lawyer.