Can I buy and legally use a domain with the word apple in it?

Discussion in 'iPhone' started by bk123, Jul 12, 2011.

  1. bk123 macrumors member

    Joined:
    Jul 4, 2011
    #1
    I dont know where to post this so it would be great if a mod can move it.

    Basiclly im starting a small iPhone, Ipad repair biz.

    I will buy broken ones, fix them and resell them as used online as a side business.

    My question is: Am i Allowed to buy a domain with the key word apple in it..

    like "xxxxxxxApple.com" and sell used iPhones without issue?

    just though ppl on this fourm might know answer to this, im a college student trying to earn some $$ as side biz ;)

    Thanks:apple:
     
  2. OllyW Moderator

    OllyW

    Staff Member

    Joined:
    Oct 11, 2005
    Location:
    The Black Country, England
    #2
    This company doesn't have a problem though I think they probably got there first in the UK.
     
  3. bk123 thread starter macrumors member

    Joined:
    Jul 4, 2011
    #3
    hmm, im selling in USA.
    So im guessing I will be fine? :)
    I got a perfect domain name availablethats why im trying to keep it
     
  4. heisenberg123, Jul 12, 2011
    Last edited by a moderator: Jul 12, 2011

    heisenberg123 macrumors 603

    heisenberg123

    Joined:
    Oct 31, 2010
    Location:
    Hamilton, Ontario
    #4
    sounds like you would be ok, google the word apple you will see many domains with the word apple in them some having nothing at all to do with the company apple

    theres a company that fixes windshields on cars call apple auto glass and their domain is appleautoglass.com, not sure how apple can say you cant unless they have some copyright to the context the word apple is used
     
  5. iceterminal macrumors 68000

    iceterminal

    Joined:
    May 25, 2008
    Location:
    Dallas Tx.
    #5
    You can have anything with the term "apple" in it so as long as it cannot be misconstrued by others that you represent yourself as Apple (the computer company, or any other company).
    Like applefruit.com or applefallsfromatree.com, etc.
    applecomputersanddevices.com will get you some heat.
     
  6. bk123 thread starter macrumors member

    Joined:
    Jul 4, 2011
    #6
    I know companys are using word apple to sell whatever they do but im saying if I use Apple to sell iPhones ipads MBs ect,,
    Mixed new and used
     
  7. mrkramer macrumors 603

    mrkramer

    Joined:
    Jul 11, 2006
    Location:
    Somewhere
    #7
    I think that's a bit of a grey area, as long as your name makes it clear you aren't officially associated with Apple you should be fine. But it seems like enough of a gray area to me that it might be worth asking a lawyer rather than a bunch of people on the Internet.
     
  8. heisenberg123 macrumors 603

    heisenberg123

    Joined:
    Oct 31, 2010
    Location:
    Hamilton, Ontario
    #8
    agreed,

    in your googling have you found any others domains with the word apple in it that are selling or fixing apple products
     
  9. Interstella5555 macrumors 603

    Interstella5555

    Joined:
    Jun 30, 2008
    #9
    That, and I'm not even sure you're allowed to sell new Apple products without being an authorized seller. I agree, go ask a lawyer, no one here is going to be able to give you an adequate answer.
     
  10. bk123 thread starter macrumors member

    Joined:
    Jul 4, 2011
    #10
    For Apple products, I do see many sellers selling modified apple products, like red iphones or whatever.

    So Im assuming you can probably sell modified products..

    Also I know you can sell on ebay as there are many sellers doing this =/
     
  11. saberahul macrumors 68040

    Joined:
    Nov 6, 2008
    Location:
    USA
    #11
    If the domain is for sale then no one own it. Check with godaddy or something. There is nothing illegal in having a company name in your domain. There are a few who actually buy this on purpose in hopes that Apple or such would pay them to buy from them.
     
  12. bk123 thread starter macrumors member

    Joined:
    Jul 4, 2011
    #12
  13. saberahul macrumors 68040

    Joined:
    Nov 6, 2008
    Location:
    USA
    #13
    The person used specific Apple product names. The word MacBook isn't defined in the dictionary. The word Apple is. You can make it .amazingapple.com if you want to and if sued, then claim that it is an english word. On the other hand, if you make it .macbookrocks.com then you're asking for trouble as that name is trademarked under Apple property.
     
  14. outphase macrumors 65816

    Joined:
    Jun 13, 2009
    Location:
    Parts Unknown
    #14
    Read this for more information about trademarks relative to your situation: http://www.supnik.com/cyberbill.htm

    If amazingapple.com deals with computer-related services (or anything else Apple deals in), then there would be trademark issues.
     
  15. Krandor macrumors 6502

    Joined:
    Jul 15, 2010
    #15
    You have the right to buy the name, but Apple can also dispute it as well. Even if you are right that you have every legal right to use the name, the cost to go up against Apple's lawyers would be massive. If you have a company repairing apple products with the name apple in the name, I think Apple would have an easy case that it might confuse the consumer that you are associated with apple computer.

    IMO, not worth the risk.
     
  16. Krandor macrumors 6502

    Joined:
    Jul 15, 2010
    #16
    That background makes that page unreadable for me.
     
  17. outphase macrumors 65816

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    Parts Unknown
    #17
  18. davelanger macrumors 6502a

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    Mar 25, 2009
    #18
    He is trying to sell used iphones, I think he will get some heat from using a domain with apple in it
     
  19. saberahul macrumors 68040

    Joined:
    Nov 6, 2008
    Location:
    USA
    #19
    In one way or another we are all saying the same thing. You are all right.
     
  20. HazyCloud macrumors 68030

    HazyCloud

    Joined:
    Jun 30, 2010
    #20
    For one OP, go over this.

    http://www.apple.com/legal/trademark/guidelinesfor3rdparties.html

    Then have a lawyer go over it as well. You don't want to set up shop only to be possibly shut down. Just cover all of your bases.

    EDIT* Bingo.

    3. Variations, Takeoffs or Abbreviations: You may not use an image of a real apple or other variation of the Apple logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of an Apple trademark for any purpose. For example:

    Not acceptable: Appletree Jackintosh Apple Cart PodMart
     

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