(Important Question )Domain with name joomla

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thanhbinh777
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(Important Question )Domain with name joomla

Postby thanhbinh777 » Wed Aug 27, 2008 9:18 am

I have a domain is djoomla.com (have name joomla) and i know have a lot of website use joomla in their domain . Example :xxxjoomla or xxx-joomla ..... . My question is Can I using domain with name joomla . If joomla register trademark and not acceppt it. All domain have name joomla will delete . :( . As yahoo domain like yahooxxx will be delete) because of ilegal trademark
Final. Sorry my english not well. I will edit if my post incorrect
http://www.djoomla.com
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ewel
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Re: (Important Question )Domain with name joomla

Postby ewel » Wed Aug 27, 2008 11:15 am

This is a very valid question. I think there is a legal and a practical answer to this.

Practical answer
In practical terms you can see this article at Open Source Matters, the owners of the Joomla trademark: http://www.opensourcematters.org/content/view/101/75/. In summary this will tell you that you should not use the Joomla name or logo without permission but permission is usually granted if you abide by some reasonable conditions. See for a report on a real life example the Joomla Core Team Blog: http://community.joomla.org/core-team-blog/451-community-cooperation.html.

Legal answer
Basically, trade mark law comes down to avoiding confusion - there are many other aspects, complications and exceptions but I would like to stick to the essentials here.
So, you cannot register a trade mark if it causes potential confusion, and you cannot use a name or logo that could cause confusion in respect of a registered trade mark. What is considered confusing depends on law, especially case law and ultimately on what a court finds in a particular case.
A key element in the question of what could be confusing is similarity. Obviously, the more similar a name is to a trade mark, the more likely it will violate that trade mark. Again, there is much more to it, but I am merely trying to summarise the basics.
By way of hypothetical examples, if I registered a domain and used the name 'joomlacms.com' then this might be confusing for third parties who could easily think that my site is the official Joomla site. On the other hand, if I had a domain and name like 'i-hate-joomla' then it is quite unlikely that anyone would become confused and think that my site is the official site. Clearly if I used names and domains like 'jooomla' or 'joomlah' or 'joomli' most people would agree that there is too much similarity to avoid confusion. Something like 'jumlah' would in my view be a borderline case.
Incidentally, I am not aware that any of these names or domains exist and I am not expressing legal advice or a legal opinion here nor am I your lawyer, etc. I am merely trying to point out and illustrate, for the sake of completeness, what the underlying principle of law is so that you and others can make a self-assessment. The trademarking and permission policy of Open Source matters is based on their interpretation of the law and not the law itself, although I have no doubt is based on law and seems to be perfectly reasonable.

Your domain
Specifical to your domain 'djoomla.com' I think most people would see quite a lot of similarity with the Joomla trade mark. So you should probably either contact Open Source Matters to obtain permission, or to hire a lawyer who will try to defend you in case Open Source Matters takes action against you. Obviously getting permission is quicker, cheaper, and much nicer ! As you can see in the links I inserted above, Open Source Matters is helpful and constructive so I would not fear too much for now.

thanhbinh777
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Re: (Important Question )Domain with name joomla

Postby thanhbinh777 » Wed Aug 27, 2008 11:28 am

Thanks for your answer me. Your answer is very useful for me and all people that have domain include name joomla.


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