Using the words "DaVinci Resolve" in my domain.

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flavioggarcia

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Using the words "DaVinci Resolve" in my domain.

PostFri Jun 18, 2021 10:10 am

Hello!

DaVinci Resolve instructor here.

I'm about to launch a new web-site where I offer live Resolve training, and pre-recorded courses.

I'm ready to buy a Domain Name, and I'm wondering: can I use "DaVinci Resolve" as part of my own web-site?

For example: www.myfantasticdavinciresolvecourses.com.

Is that OK, or would I get into trouble?

I've seen dozens of other sites that do this.

I tried to contact support, but it's not clear who could really answer this question.

Any clue?

Or any clue who should I contact?

Thanks in advance?

Flavio.
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Peter Chamberlain

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Re: Using the words "DaVinci Resolve" in my domain.

PostFri Jun 18, 2021 12:44 pm

I don’t believe you can use this trademarked name within your business, trading or domain name.
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mpetech

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Re: Using the words "DaVinci Resolve" in my domain.

PostFri Jun 18, 2021 1:09 pm

Respectfully, you need to ask a lawyer and not in a tech support forum.
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flavioggarcia

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Re: Using the words "DaVinci Resolve" in my domain.

PostFri Jun 18, 2021 3:35 pm

Peter Chamberlain: that makes sense, of course.

I'm only asking because I see quite a few other web-sites doing similar things.

Sometimes people use workarounds, like "www.dvresolve.something.com", and the like.

I just wonder where to draw the line.

Example: there is "Avid Media Composer". Is it legal that someone comes with a web-site called "The Avid Media Composer School"?

If I use any other name, like, say "www.thegreatfilmacademy.com", the words "DaVinci", "Resolve" and "Course", would be part of a sub-page, in the URL, like "www.thegreatfilmacademy.com/davinciresolve/course".

To the others, I am simply asking for your opinion, and asking if someone knows about a contact in the company where this question may be asked. But, yes, I guess it's not the right thing to do.

There are several conversations here about "DaVinci Resolve" that are not strictly tech support.

Good day to all!
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jamedia

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Re: Using the words "DaVinci Resolve" in my domain.

PostFri Jun 18, 2021 5:27 pm

I am NOT a lawyer. I do own companies and TradeMarks in the UK (which was part of the EU until recently. I mention this as the OP is in Germany )

You ask "I'm ready to buy a Domain Name, and I'm wondering: can I use "DaVinci Resolve" as part of my own web-site?" The simple answer is "Yes!" you can do it and register the URL. The domain company won't care. BUT... Getting a URL is not the same as registering a Trademark

I have had a trade mark I was registering challenged because (I hadn't realised) it contained something that was very similar to an existing Trade Mark. We could not register the Trademark. This was a bit of a surprise as what I was trying to register had been used as an unregistered trademark for the previous 15 years! That said the two companies were in completely different fields. The point is you might get away with it until the Trade Mark holder notices.

In the case of the OP he wants to use a Registered Trade Mark in the same field as the owner of the trade mark. You WILL get noticed. More so if you are successful. Also having mentioned it on this forum and been informally advised (you should get professional Legal advice) you can't claim you didn't know. Not that not knowing is much, if any, defence at all in most places.

As it says on the web site "All items on this website are copyright Blackmagic Design Pty. Ltd. 2021, all rights reserved. "
Also I have just check the UK Trademark office (I suggest you check the one where you are)
https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/2/WO0000001405424

In short use a name for your company and Web site that is not some one else's Trade Mark
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flavioggarcia

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Re: Using the words "DaVinci Resolve" in my domain.

PostFri Jun 18, 2021 6:14 pm

Thanks, Chris!

That clarifies it!

But, to be very clear: I am not talking about my trade mark, or using "DaVinci Resolve" in my trade mark. Of course that would be a big no.

I am just talking about the name of the web-site, and the URL.

I don't have a company or a trade mark. It's just me, as a freelance professional.

And I have other name ideas for the site, anyway. I'm just checking!

You can have a domain that is not a trade mark. For example, there was a site called "The Los Ángeles Final Cut Pro User Group", quite popular.

If someone wanted to create a similar portal about DaVinci Resolve, what would happen?

Once again: I'm just learning about this, and trying to find out. I'm already convinced what's the right thing to do, or not do.

Just curious about where it's coming from.

Peace!
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Re: Using the words "DaVinci Resolve" in my domain.

PostFri Jun 18, 2021 8:41 pm

Here is some basic information on the subject: https://www.nolo.com/legal-encyclopedia ... 29032.html

You can register any name for a domain that you want, BUT Blackmagic could decide to come after you and make you change it or take it down if they really wanted to. A lot of people use trademarked names in their domains, and they never get bothered. Sometimes a company does ask people to change the domain name. The question is, do you want to take the risk? How damaging would it be if you had to change your site name and potentially product names one or two years later? If you don't want to deal with that, then just avoid using the word.
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jamedia

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Re: Using the words "DaVinci Resolve" in my domain.

PostSat Jun 19, 2021 9:55 am

bclontz wrote:Here is some basic information on the subject: https://www.nolo.com/legal-encyclopedia ... 29032.html


As Blackmagic Design are Australian and the OP is In the EU a web page on US law is not relevant.
I mentioned the UK IPO because up until 6 months ago the UK was part of the EU where the OP is and the transition period is still in force. Also it shows that BMD has registered "DaVinci Resolve" as a protected Trademark in the UK if not other parts of Europe. Though given Brexit I would think it is certain BMD has also registered it in other parts of the EU.

It depends on how BMD wants to play it. They might ignore you they might not. I know of two companies in Europe both using the same name for something. One registered the name the other hadn't. IT only became an issue when the much smaller one started making progress. The one with the trade mark waited to get them to change their name. The costs in rebranding the company nearly killed them and their business.

You could ask BMD if your usage is OK. They will probably say "no" as they have to defend their Trade Mark.
You could carry on and hope BMD ignore you (but at any time they might not)
You could use a different name that gets the same message across.

All this advice from a NON-legally qualified person is worth what you are paying for it. You should seek professional advice from a lawyer in Germany who does this sort of thing. It will cost you less in the long run.
Last edited by jamedia on Sat Jun 19, 2021 10:58 am, edited 1 time in total.
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flavioggarcia

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Re: Using the words "DaVinci Resolve" in my domain.

PostSat Jun 19, 2021 10:36 am

Thanks again, Chris!

Yes, I would like to simply ask someone from Blackmagic, or get some kind of permission. Maybe I'm being naive about this.

But, hey! For example: what if it's just the word "DaVinci" that I use. Like:

www.thegreatdavincicourses.com

I'm sure this would be legally OK. It's just the word "DaVinci".

Also, I would add: I'm a Blackmagicdesign friend. I've been teaching and proposing Resolve for years, and have converted a big number of users in my workshops.

I'm kind of sure that I could totally call the web-site www.something.anotherthing.davinci.com

Or am I wrong?
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jamedia

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Re: Using the words "DaVinci Resolve" in my domain.

PostSat Jun 19, 2021 10:59 am

All this advice from NON-legally qualified people is worth what you are paying for it.
You should seek professional advice from a lawyer in Germany who does this sort of thing.
It will cost you less in the long run.


Or email/write directly to BMD but I suspect their (automatic) answer will be "you can't use our trade mark" as your web site URL
Last edited by jamedia on Sat Jun 19, 2021 11:00 am, edited 1 time in total.
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Steve Fishwick

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Re: Using the words "DaVinci Resolve" in my domain.

PostSat Jun 19, 2021 11:00 am

You would still be infringing the same trade mark, since the Davinci referenced in that domain clearly does not refer 'Of Vinci' in Italian, nor the great master painter of that country, nor any other possible use but that you intend to offer courses in Davinci Resolve. I would try and come up with something original that also says what your core business is about, without the need to open such a minefield.
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jamedia

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Re: Using the words "DaVinci Resolve" in my domain.

PostSat Jun 19, 2021 11:13 am

Steve Fishwick wrote:You would still be infringing the same trade mark,


Unless you are a German IPO Lawyer you don't know that. The OP is in Berlin Germany, EU. Their rules apply.

Steve Fishwick wrote:I would try and come up with something original that also says what your core business is about, without the need to open such a minefield.


However I agree I would not use DaVinci Resolve in the URL of my business. DVR-Courses?
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Steve Fishwick

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Re: Using the words "DaVinci Resolve" in my domain.

PostSat Jun 19, 2021 11:21 am

jamedia wrote:Unless you are a German IPO Lawyer you don't know that. The OP is in Berlin Germany, EU. Their rules apply.


I presume BMD, like most other corporations protect their trademarks, wherever they trade. It doesn't matter what the German IPO lawyer knows, even though you are right, I am not one. European trademarks are controlled by the EU. Unless Germany uniquely refuses to recognise such trademarks, I imagine, I won't be far wrong.
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flavioggarcia

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Re: Using the words "DaVinci Resolve" in my domain.

PostSat Jun 19, 2021 11:29 am

All useful opinions.

Thank you!

A note: DaVinci is the term used for Leonardo DaVinci everywhere in Europe.

I doubt "DaVinci" is part of their trade mark.
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jamedia

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Re: Using the words "DaVinci Resolve" in my domain.

PostSat Jun 19, 2021 11:37 am

Steve Fishwick wrote:
jamedia wrote:Unless you are a German IPO Lawyer you don't know that. The OP is in Berlin Germany, EU. Their rules apply.


I presume BMD, like most other corporations protect their trademarks, wherever they trade.


Perhaps you should have read the thread before replying. I posted this previouysly
https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/2/WO0000001405424

Steve Fishwick wrote:It doesn't matter what the German IPO lawyer knows, even though you are right,I am not one. European trademarks are controlled by the EU. Unless Germany uniquely refuses to recognise such trademarks, I imagine, I won't be far wrong.


It is not about being nearly right... nearly right == wrong and that is the problem.

The other things is the side with the most lawyers usually wins
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jamedia

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Re: Using the words "DaVinci Resolve" in my domain.

PostSat Jun 19, 2021 11:37 am

flavioggarcia wrote:All useful opinions.

Thank you!

A note: DaVinci is the term used for Leonardo DaVinci everywhere in Europe.

I doubt "DaVinci" is part of their trade mark.


Care to bet on it?
https://trademarks.ipo.gov.uk/ipo-tmcas ... 0001405424
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flavioggarcia

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Re: Using the words "DaVinci Resolve" in my domain.

PostSat Jun 19, 2021 12:02 pm

Sure, yes, but:

"DaVinci" is an Italian second name.

What about the book "The DaVinci Code"?

There is also:

The DaVinci International Film Festival.
The DaVinci Marketing Cloud.
DaVinci Academy of Science and the Arts.

Also, a big number of museums an institutions with the word "DaVinci" on it.

Yes, it's part the trade mark DaVinci Resolve. Obvious.

But "DaVinci" alone is universally used, and I doubt anyone can "own" the term in that way.

Anyway, that is my opinion, but we don't know.

Like you say, a lawyer would know.
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Steve Fishwick

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Re: Using the words "DaVinci Resolve" in my domain.

PostSat Jun 19, 2021 1:00 pm

jamedia wrote:Perhaps you should have read the thread before replying. I posted this previouysly


Whoah, take it easy I'm not here to rile no-one, it doesn't matter that much to me.

I think you mis read my original post too. I was implying what a trademark infringement case might rest on, i.e. can the plaintiff prove that the use of such word is not generic, e.g I could register greatzoomcourses dot com - I could argue that zoom is a generic term as lens but my offering zoom courses using that well known software my not rest easy with Zoom the company. I realise Flavio is in Berlin but Davinci, as a product is a reference to the Great painter, therefore in other uses/markets you may be able to argue generic meaning, but not in this one, as it's clearly a reference to the product

I don't see how your link counters anything I said, except prove that BMD have in fact registered the trademark in the UK - you were talking about Germany and I said it will probably be the same - I mean EU, I've registered trademarks myself and for EU is was via the EU - why would you register for all 27 individual member states, when that is not necessary? The UK is no longer part of the EU, hence what you found - Do you really think it would be worth the expense and time of contacting a lawyer over this as you advised? Wouldn't it be safe to assume, with a little common sense, it's at least a very grey area?

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