XenForo official position about using "XenForo" word in third-party website names

Vladislav Rastrusny

Vladislav Rastrusny

Active member
Hello.

As a XenForo fan at first sight I would like to ask Kier and Mike opinion about creation of websites, that use XenForo in a domain name. So, for example, if I want to register www.xenforo-addons.com or whatever else, can I do that freely, can't I or should I sent official request first?

XenForo.tv thread attracted much attention, but the official position was not published there. Can we please know it?

The same goes to official logo and design use.
 
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If Kier or Mike say so, I will, certainly. But until that, I don't think this question is something, that needs to be hidden from community. Almost every active XenForo fan wants to know if he can safely register the domain name he wants or not. Also, my question relates primarily to free XenForo community websites, that do not plan to make much money from their existance. So, this is not a real business question.
 
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Floris said:
The answer is yes, XenForo Limited will protect their Intellectual Property and their Trademark.
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I am not an expert of the law, but according to this registering a domain named "xenforo-bla-bla-bla" for a community website purposes is considered "nominative fair use" and is fully legal (as far as this website does not impose itself as an official XenForo website). Right?
 
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If there is no reason for them to pursue something, they won't.
If they have the right to protect their IP/TM, why not ..

If you have a business model, or mission statement for a domain with xenforo in it, it's at least reasonable to just contact them in private, express your plan, and request them an agreement that helps both parties understand the situation and proceed (or if the answer is no, not). And not strafe from it.
 
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Good God.

XenAddons.com is probably ok.
XenForoComplaints.com is ok because it's a criticism site.
XenForoIsSilly.com is ok because it's a parody site.

XenForo-Addons.com is not ok and not fair use.

If you have doubts, contact XenForo.
 
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from what i have seen... if you have a trademark over a term, you have to prevent its use by others to keep the trademark.

Both Twitter and Digg have expressed problems with third party services that used their terms digg and twitter in their app names.

http://diggtheblog.blogspot.com/2006/08/digg-trademarks-and-confusion.html

A while ago our trademark attorney approached us and was concerned we could lose the name 'digg'. I had no idea this was possible as we had already filed for the trademark. Apparently if you don't enforce the TM (meaning not let other sites use it), we run the chance of losing it... which would suck. The last thing we want is to lose our name.​
 
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Floris said:
If you have a business model, or mission statement for a domain with xenforo in it, it's at least reasonable to just contact them in private, express your plan, and request them an agreement that helps both parties understand the situation and proceed (or if the answer is no, not). And not strafe from it.
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Thank you, that's I wanted to know.
 
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Sushubh Mittal said:
A while ago our trademark attorney approached us and was concerned we could lose the name 'digg'. I had no idea this was possible as we had already filed for the trademark. Apparently if you don't enforce the TM (meaning not let other sites use it), we run the chance of losing it... which would suck. The last thing we want is to lose our name.​
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I will back that up. It's the reason you see things like Toys R Us picking on a little bitty cat shelter in the U.K. (Kitty Homes R Us or something... I forget) anyway, that's the reason for these seemingly heartless suits over a trademarked name: they have to protest, or it's legally interpreted as consent for anyone to use it.
 
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anotheralias said:
I will back that up. It's the reason you see things like Toys R Us picking on a little bitty cat shelter in the U.K. (Kitty Homes R Us or something... I forget) anyway, that's the reason for these seemingly heartless suits over a trademarked name: they have to protest, or it's legally interpreted as consent for anyone to use it.
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This does not have anything in common with "fair" use in my opinion. None can use trademark to promote other products (Like "Total Commander" was "Windows Commander" once . But if you promote original product (e.g. creating website like www.xenforo-professionals.com, where only xenforo guys talk - then why not? I consider this as a "nominative fair use". However, ethics applies, that you need to ask for permission first.
 
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Vladislav Rastrusny said:
This does not have anything in common with "fair" use in my opinion. None can use trademark to promote other products (Like "Total Commander" was "Windows Commander" once . But if you promote original product (e.g. creating website like www.xenforo-professionals.com, where only xenforo guys talk - then why not? I consider this as a "nominative fair use". However, ethics applies, that you need to ask for permission first.
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Just because *you* consider something to be "fair use" does not make it so.
 
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ah well. fair use is a complicated term. that's why it is always a good idea to have the requisite permissions from the owners.

on the internet, a single government's rule cannot be applied.
 
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Vladislav Rastrusny said:
Sure, but I am trying to base my opinion on this: http://www.chillingeffects.org/trademark/faq.cgi#QID740
Do I miss something?
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Yes, you are missing the fact that, at least so far, you have not professed to being a lawyer nor consulting one. Relying on information found on the internet for legal advice is either very stupid or very brave, depending on one's perspective.

As Floris responded with in the very first reply it'd be best to ask the XF guys (most likely Ashley since he is handling the business stuff) their opinion; could save you a lot of headaches later.
 
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Vladislav Rastrusny said:
Hello.

As a XenForo fan at first sight I would like to ask Kier and Mike opinion about creation of websites, that use XenForo in a domain name. So, for example, if I want to register www.xenforo-addons.com or whatever else, can I do that freely, can't I or should I sent official request first?

XenForo.tv thread attracted much attention, but the official position was not published there. Can we please know it?

The same goes to official logo and design use.
Click to expand...
 
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Ashley , Kier and Mike all responded this question and informed community that they will protect their trademark. If you have any further questions , i advise you to contact them directly via PM , e-mail and ask their permissions.
 
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