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Hi,
RIM's TOS has a condition that you can't put the name BlackBerry in urls (ie blackberryprogram dot com would be against it).
I'm in Canada. First, are they allowed to claim this (assuming the application makes it clear that it's not affiliated with RIM), and second, do they enforce it?
Thanks,
Martin.
Since there are websites like BlackBerry Cool | The voice of the BlackBerry community and BlackBerryForums.com : Your Number One BlackBerry Community I'd say they're not too strict.
Thanks for the quick reply! It seems like such a weird clause. If anything I suppose they'd want to turn a blind eye to people supporting their platform.
what if you wanted to make a website dedicated to the fruit? :p
the truth is they probably put that as a safety measure to make sure there "Good name stays"
if someone opened a site that started completely bashing the blackberry name using that in there URL RIM may try and pull the ban hammer on it.
If you have a site that gives genuine real information good and even obviously sometimes bad they probably like the fact that someone is doing it anyway.
Well then, BlackBerryTowerDefense is going into the world. If I get sued, beaten up in a back alley or whatever, it's entirely your fault, TheSaultan. Entirely your fault.
Before you start investing in domain names, you should review Research in Motions Trademark use policy.
BlackBerry - BlackBerry Trademarks
Does Research in Motion care if somebody violates their fair use policy?Generally
In general, you may use RIM Trademarks to make factually accurate statements in reference to products or services of RIM, provided you do so in accordance with these guidelines. Subject to these guidelines, you also may use a RIM Trademark by reference to indicate that your product or service is compatible with or may be used with RIM products or services, provided that the referential use of the RIM Trademark does not create a false sense of endorsement, sponsorship or association with RIM or its products and services.
...
Non-Commercial Web Sites
Non-commercial web sites that function as informational forums regarding product or services of RIM may use an appropriate RIM Trademark, provided that such use is in compliance with these guidelines. RIM Trademarks and variations thereof must never be used as part of the web site domain name. A disclaimer of sponsorship, affiliation or endorsement should be prominently displayed on the web site, similar in form to the following example:
�[Web Site Name] is an independent informational forum and is not endorsed, sponsored, affiliated with or otherwise authorized by Research In Motion Limited, owner of the BlackBerry trademarks.�
...
Prohibited Uses of RIM Trademarks
The use of RIM Trademarks in the name of your product, service, corporate name, or domain name is not permitted.
You are not permitted to use any RIM Trademark, in whole or in part, or any alteration of any RIM Trademark, in the name of your products or services, in your company name or in your domain names or universal resource locator (URL). This includes any variation, abbreviation or takeoff of a RIM Trademark, or any other names that are confusingly similar to the RIM Trademarks.
Yes, they maintain a huge and very active legal department. I would go out of my way to avoid an entanglement with them. Follow the rules and you will be fine.
I've been doing some research, and it seems that the big question is whether the infringing URL will cause public confusion. In that regard, I think that I am safe, so in that sense it is not enforceable by RIM. If I were to get blackberrysmartphone dot com or whatever, then I might be in trouble. This is why Crackberry, BlackBerryCool and BlackBerryForums are allowed to exist. There are also good faith/bad faith aspects, it seems. So I'll throw the dice, so to speak.
Trademark Law vs. Domain Names
SEOmoz | Trademark Law and Domain Names: ACPA or UDRP?
Although "good faith" sites are in existence, that's no guarantee that those sites can keep those names.
A lot of car enthusiasts, car forums and performance shops got into trouble with some automakers for using any of their brands and logos without unauthorization. Quite a few of them were selling contraband or merchandise that was not officially licensed. Others were keeping "good faith" sites, but things got messy when those "good faith" sits used images, logos and trademarked names to brand and sell their own products or services. Even those who weren't profiting off any trademarked names or logos got forced into a legal battle with the automakers' legal firms.
It's not about keeping "good faith", per se. It's more about keeping the "value" of the name (both tangible and intangible).
It's a very delicate, legal tightrope. If companies or folks want to walk that line, it's up to them. Just make sure they have a good legal team that can pull them to safety if a legal firm starts yanking whatever could be rightfully theirs.
There is also blackberryblog!
Is that ok (and safe) as a domain name?
Looks extremely old