Legal issues surrounding domain name ownership of a word based on a medical procedure not invented by you?

[beaker]

So, the scenario is you keep an eye on future medical technologies. You read a new study, for example (fictional) Dr X and Dr Y state their new stentfuse (made up word for a new medical procedure) method could revolutionize the stent industry. "By developing the new stentfuse method we have reduced stent procedure times by 1hr".

You then register stentfuse domain names. You check to see if there are any trademarks prior to this and there are none. All you find is a patent from a couple years ago where they mention the word "stentfuse" as part of the naming of their treatment method.

In such a scenario "stentfuse" is a new medical term that the world over will use, for example such as "Colonoscopy" or "Tonsillectomy". So in my mind, owning stentfuse.com is like owning spinalfusion.com or colonoscopy.com

But here is where it gets confusing. The doctors create more patents. Now they make a stentfuse machine and start manufacturing these machines under a company called "Stentfuse Biomedical". Now the come knocking on my door demanding their domain names. Is this a problem? Will they say "we used stentfuse in our patent before you registered the domain" etc.

Also, taking things further. What if now that I own stentfuse domains, i host a non-profit page at stentfuse.com that discusses this new medical procedure?

My thinking is that new procedures and words are invented everyday and you can no more protect that than trying to protect something like the word "meme" ?

Thanks for any insights.

 

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[KenCorigliano]

So, the scenario is you keep an eye on future medical technologies. You read a new study, for example (fictional) Dr X and Dr Y state their new stentfuse (made up word for a new medical procedure) method could revolutionize the stent industry. "By developing the new stentfuse method we have reduced stent procedure times by 1hr".

You then register stentfuse domain names. You check to see if there are any trademarks prior to this and there are none. All you find is a patent from a couple years ago where they mention the word "stentfuse" as part of the naming of their treatment method.

In such a scenario "stentfuse" is a new medical term that the world over will use, for example such as "Colonoscopy" or "Tonsillectomy". So in my mind, owning stentfuse.com is like owning spinalfusion.com or colonoscopy.com

But here is where it gets confusing. The doctors create more patents. Now they make a stentfuse machine and start manufacturing these machines under a company called "Stentfuse Biomedical". Now the come knocking on my door demanding their domain names. Is this a problem? Will they say "we used stentfuse in our patent before you registered the domain" etc.

Also, taking things further. What if now that I own stentfuse domains, i host a non-profit page at stentfuse.com that discusses this new medical procedure?

My thinking is that new procedures and words are invented everyday and you can no more protect that than trying to protect something like the word "meme" ?

Thanks for any insights.

They don't own any rights to anything web-based. You can own domains with any name you want. Copyright protects the artist's work in various ways up to a percent of an overall change. Trademarks are normal for an image. Sometimes trademarks are protecting the word or phrases of words from use in commerce, but that doesn't mean actual property like domains. An effective strategy I've employed is similar to this. Totally legal and yes one day they may come knocking, but if you wait that long you're liable to get into a legal battle, both sides well knowing, unjustified. The legal process isn't so much about who is right, it is a lot about who is more willing or in some cases, more right. So if you wait until that company is rich and powerful to get mad bank, you might be getting exactly what you should, a fight. Instead if you capture these and then offer it to them for say, equity and you promote the brand then you may be obeying the 5 rules of being Unscripted . Otherwise you're just a bounty hunter not really adding much value to anyone. I don't think you should be doing this. I think most of the folks on here would agree.

 

[beaker]

They don't own any rights to anything web-based. You can own domains with any name you want. Copyright protects the artist's work in various ways up to a percent of an overall change. Trademarks are normal for an image. Sometimes trademarks are protecting the word or phrases of words from use in commerce, but that doesn't mean actual property like domains. An effective strategy I've employed is similar to this. Totally legal and yes one day they may come knocking, but if you wait that long you're liable to get into a legal battle, both sides well knowing, unjustified. The legal process isn't so much about who is right, it is a lot about who is more willing or in some cases, more right. So if you wait until that company is rich and powerful to get mad bank, you might be getting exactly what you should, a fight. Instead if you capture these and then offer it to them for say, equity and you promote the brand then you may be obeying the 5 rules of being Unscripted . Otherwise you're just a bounty hunter not really adding much value to anyone. I don't think you should be doing this. I think most of the folks on here would agree.

My ambitious are legit though. It could be a huge global medical procedure like "colonoscopy", and by having the domains of this procedure I can create news/info pages and potential affiliate directories that send people to doctors in their area who perform the procedure. In this case I hardly think they can claim "registered in bad faith" as far as I can tell.

 

[MattR82]

My ambitious are legit though. It could be a huge global medical procedure like "colonoscopy", and by having the domains of this procedure I can create news/info pages and potential affiliate directories that send people to doctors in their area who perform the procedure. In this case I hardly think they can claim "registered in bad faith" as far as I can tell.

So you have no interest in selling it to them for a profit, but rather want to use it for a website business related to it? Bad luck for them I suppose?

If you're just domain squatting though... no one will change my mind on this - I hate that shit.

 

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[beaker]

So you have no interest in selling it to them for a profit, but rather want to use it for a website business related to it? Bad luck for them I suppose?

If you're just domain squatting though... no one will change my mind on this - I hate that shit.

I have no history of squatting, so would prefer to make a viable biz directory out of it. I'm not sure they consider the word of any value as well.. it was mentioned as a new procedure in 2015, since then no trademark, domains, business or anything. Yet now the potential has come about, so to me it's somewhat like owning 'cellphone.com' or such.

 

[MattR82]

I have no history of squatting, so would prefer to make a viable biz directory out of it. I'm not sure they consider the word of any value as well.. it was mentioned as a new procedure in 2015, since then no trademark, domains, business or anything. Yet now the potential has come about, so to me it's somewhat like owning 'cellphone.com' or such.

Then you've got a good website to build! I'm no expert on legal rights/domain names etc but if it's just the name of the procedure I don't see how they can claim it?

Heck, get the social handles too maybe.

 

[aeden]

But here is where it gets confusing. The doctors create more patents. Now they make a stentfuse machine and start manufacturing these machines under a company called "Stentfuse Biomedical". Now the come knocking on my door demanding their domain names. Is this a problem? Will they say "we used stentfuse in our patent before you registered the domain" etc.

Also, taking things further. What if now that I own stentfuse domains, i host a non-profit page at stentfuse.com that discusses this new medical procedure?

My thinking is that new procedures and words are invented everyday and you can no more protect that than trying to protect something like the word "meme" ?

Thanks for any insights.

Consider reading through Uniform Domain Name Dispute Resolution Policy - ICANN which is ICANN's Uniform Dispute Resolution Policy. This policy is followed by all domain registrars for all ICANN-accredited TLDs (all generic and new TLDs and some country code TLDs).

Existing Domain Name Case Law also looks like an interesting document in that it looks at existing case law with respect to domain names.

(Disclosure: I run a domain registrar and have been in the domain industry since 1999, but IANAL)

 

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