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Starting up a Company with the Word Magento in it
 
baca85
Jr. Member
 
Total Posts:  7
Joined:  2009-01-07
 
dhana - 17 April 2009 07:58 AM

hello all,

Magento is great E commerce Platform and Thanks for making it Open source!!!.
I 100% respect whatever effort put by the original developers, and he/she/they deserve it.

But, I think there is only one thing is very strange.
URL: http://www.magentocommerce.com/license/
Can I use the “Magento” trademark in one of my domain names or URLs?
No. You may not use the Magento trademark or any other mark associated with the Magento offering from our company in your domain name or URL. (For instance “www.magentohosting.com” is not allowed. See more on this topic below.)

How is it possible ?
Nowadays all the CMS are coming with excellent SE friendly URL. If someone is using the title Magento then the URL will have the keyword Magento.  And it is almost impossible to talk about Magento in any forum or Blog without using the word “Magento” in Title or URL, Am i correct ?
And also, I could not understand the business logic behind this conditions. Can someone explain me the business logic behind this ?
Is there any CMS in the world, which impose the similar kind of thing ?

Sorry, If I have expressed something wrong in this post. I just want to clarify some questions.

Thanks

They mean you can use the term magento in the top level of your domain. IE magento.com / magento.it / magento.co.uk etc etc. www.example.com/magento would be ok I would presume.

 
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spamhub
Jr. Member
 
Total Posts:  7
Joined:  2009-06-11
 

Comments Regardsing Registered Trademark

1. Registered Trademark need to fit in Classes
2. Magento - in the Class(es) of eCommerce Software etc, but NOT about Digital Camera, so you may have a DC branded MagentoDC for example.
3. Using Mage for magento services is ALLOWED as it doesn’t directly represent Magento
4. Using the term “Magento” in domain names is ALLOWED as long as you are not using it as a TM (trademark) or brand of your services.
5. There’s existing domain names such as MagentoThemes.com, MagentoExpert.com etc. as long as they are not claim as a trademark, they are allowed to exist.
6. EVEN, when there’s legal matter arized, its hard to determine if it is allowed or not, all depends on the nature and intention of the name, as long as it is not MISLEADING, not in BAD FAITH, etc. no one can pull you down except yourself.

 
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demonkoryu
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Total Posts:  328
Joined:  2008-11-26
Dortmund, Germany
 

I’ve seen lots of pages like magentothemes.com going offline, and I think somewhere RoyRubin stated that nobody is allowed to advertise anything magento-related on an URL with Magento in it, eg. it was stated explicitly that we can’t run a Magento business on the domain magentoservices.com.
Doesn’t that contradict with your statement spamhub?

 
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spamhub
Jr. Member
 
Total Posts:  7
Joined:  2009-06-11
 

I m not quite sure that how Magento is taken off sites like MagentoThemes.com. How if I using a domain like MAGENTOmilks.com and my product is fresh milk selling?

While there’s no conflicts (not in the same product and services classes as Magneto), the domain name magentomilks.com should be legal and allowed. For the case of MagentoThemes.com, the only issue could be that they are offering commercial magento themes.

Anyway, Domain name conflicts are existing in the cyber world for years, and there’s gray area in the cyber law system as it is much more complicated that normal law. If the offenders have enough financial backup (to pay for solicitors), many cases could be a long long battle.

Edited:
A Link for your reference, and there’s plenty of such similar cases publish on the net.

http://www2.austlii.edu.au/itlaw/articles/Simpson.html
 
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Sonassi
Sr. Member
 
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Total Posts:  217
Joined:  2009-05-20
Manchester, UK
 

We got a rather “aggressive” slap on the wrists for our use of www.magentobenchmark.com. Rather than incurring any legal complications - we just changed it.

As above, the safe bet is just to use Mage.

 
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