[DeathByPixels]

Well I already have an idea for tutorial topics that isn't commonly covered by other similar websites.

I don't think Jelsoft is going to snatch my domain from me.

[lafsunlmtd]

i think you are safe too

[developer]

You are absolutely not safe. The only sites that are allowed to use vBulletin in their name are the ones that registered their domain before the trademark took place. I had a long talk with Jelsoft about this, as I had great, new domain name with "vBulletin" in it. I was recommended to speak to Jelsoft because someone I know got a Cease and Desist because he also had a newer domain name with "vBulletin" in it.

If vBulletin sees your site, they WILL take action against it. Feel free to talk to them for confirmation on this.

[DeathByPixels]

Doesn't sound quite accurate to me. For example, look at vBulletin-FAQ. I reckon there's some sort of process maybe where approval takes place or something. Actually I think I will talk to Jelsoft about it.

[lafsunlmtd]

i don't think this is the case, in fact i am near positive it is not. I can send you a cease and desist order for whatever. The situation is whether it is enforceable or not. It is really determinate on what you have on the site etc. As long as it is not confusingly similar and doesn't try to mislead people to think that you are actually vbulletin or associated with them, i cannot see you being in any trouble.

Also, i think that if you ask vbulletin they would probably tell you otherwise because they don't want you to do it. Similarly if you get hit by a guy in a car accident, you may not want to ask the guy who hit you how strong your case is. I did a law school paper on domain name infringement and what can and can't be done. let me know what develops

[DeathByPixels]

This is going to get interesting. It's down to the semantics of trademark law in the UK where I'm based, I guess. lol

Domains containing the word, 'vBulletin'? - vBulletin Community Forum

[bcmtouring]

Originally Posted by DeathByPixels

I don't think there's going to be a problem with my domain. If vBulletin wants to "persuade" me then they can pay a hefty sum for it!

If they choose to peruse the case with intent, you will be the one begging them to take away the domain for free and drop that TM infringement case against you!

[ForumMonkeys]

Also, assuming you lose the case, they won't have to pay you anything for the domain if they want it.

[DeathByPixels]

That's assuming they will take me to court over it!

Common sense tells me that rather than paying a lot of money taking me to court over a domain they may well prefer to buy the domain from me which would work out cheaper.

And on that note, I think this thread has gone off topic.

[DeathByPixels]

Originally Posted by lafsunlmtd

you can copyright a work and if the work is in the domain name and the domain is then confusingly similar they can snatch it from you through icann

confusingly similar means that the domain is question through the sites contents or domain itself may lead someone to believe it is associated with the copyright holder.

I'm derailing the thread...!

So if I were to put a disclaimer on my website saying that it's not in any way associated with Jelsoft then it might be okay?

I need to look into trademark/copyright law before I go ahead with this project. In the meantime, I'll be developing Talk Digital Design which will be affiliated/networked with Talk vBulletin if I find that I will not get into legal strife over the domain.

This is what Steve Machol had to say on the subject.

'vBulletin' is trademarked and you are not allowed o use i in a domain name. Some sites were grandfathered in because they were using this before the trademark was issued.

Am I really not allowed to use it in a domain or is he just saying that in the hope I'll comply? I think I'll try to find information on UK and international law concerning trademarks and domains.