TradeMark / Copyright in Domain name?

Question

Can someone register HallMarkKeychains.com, MicrosoftFlowers.com, NokiaLeatherCases.com, and put up a "this site is not affiliated with the ." but then sell things?

Answer 1

Cybersquatting generally relates to intent. If you put the name "microsoft" in your business then how would you show in court that you had no reason to believe that people looking for microsoft products would come to your site? If your birth name was "Joe Mircrosoft", you might have a case. Most juries would feel you used that term because it would bring you traffic, and you did not have the permission of the trademark holder. Using a disclaimer is essentailly an admission of guilt in this case.

Your URL is an advertisement for your activity, and you cannot trade on the good name of others or otherwise create confusion in the market place. Most people think Hallmark is an all right outfit, but they might not be aware that Hallmark does not make your keychains.