Domain name question

jokabi · 01-11-2012, 04:49 PM

Hey everyone,
I have a new client that I will be making a website and a mobile site for.
He also has 2 websites that he paid someone to put up a while ago that he wants monetized and a bunch of domain names he'd like more sites made with.

Here's my question: The domain names have words like ipad, android, xoom and galaxy in them. Like androidholder.com and customipadcase.com. Will those type of domain names be allowed or will it be a waste of time creating those sites?

Thanks for your advice.

Kathy

IDN101 · 01-11-2012, 04:55 PM

Domains with a TM'd word in them are liking ticking time bombs, IMHO.

Regards,
Ian

jokabi · 01-11-2012, 05:00 PM

Hi Ian,
Yeah, that's what I was thinking. Too bad because some of those keywords are getting lots of searches!
Thanks for your input.
Kathy

Quote:

Originally Posted by IDN101

Domains with a TM'd word in them are liking ticking time bombs, IMHO.

Regards,
Ian

Trevor · 01-11-2012, 05:38 PM

Hi Kathy,

most brands don't mind if you include their company names in your domain names. However, there are sometimes instances of the right opposite to this rule, so your best bet is to contact the retailer and kindly ask them if you can include their brand name in your domain, so that you won't get into a legal problem of any kind.

jokabi · 01-11-2012, 06:14 PM

Good idea, Trevor...
Thanks for the advice. I have a meeting with my client in about 45 minutes.
I'll discuss it with him.
Have a great evening!
Kathy

Quote:

Originally Posted by Trevor

Hi Kathy,

most brands don't mind if you include their company names in your domain names. However, there are sometimes instances of the right opposite to this rule, so your best bet is to contact the retailer and kindly ask them if you can include their brand name in your domain, so that you won't get into a legal problem of any kind.

eurekapsycrille · 01-11-2012, 06:20 PM

I think for a brand and product-based websites, you could also make a "catchy" domain name. I am not talking anything about technical issues. Just a name that will not be forgotten easily by the users.

paulgl · 01-11-2012, 06:45 PM

"Allowed" is not a good term. Those domains are legal to
own, until someone sues and wins. I don't believe
apple got the owner of ipad.com to sell.

And if you owned oh, say ipad.cn, apple could do
nothing. Or the ubiquitous ipad. t k

Apple does not like people using their trademarks in
domains. But they are not an agency in the United
States with legal power. People sometimes forget
this. Apple thinks they are above the law sometimes.

Those domains are most assuredly not banned on google.
Google is not the internet police either. They do ban
extensions if they are a problem. .t k was a problem
and was banned, I think.

I don't think google would give a hoot about anyone using
android. Google is a company that is very open and
wants the internet open, complete with free and
open platforms. Open source is their motto. Obviously,
they do own android and would balk at anyone starting
a company with a phone product called android. But using
android in a domain to promote something that goes with
their product is something they would not care about. Unless
it gave their product a bad name, of course.

Apple is a different animal and likes to protect what's
theirs. But even they can't do shinola with places like
China.

Would they after a domain held by your client? Maybe.

But just go over to ebay and search for ipad domain
Tons of them for sale. Some are asking for millions.

Paul

outwest · 01-11-2012, 07:03 PM

Mostly companies just send emails (free) with letters from their "attorney"

Most wont file a real lawsuit and pay real lawyers real money
too many people 99 percent just cave and give them the domains

Domainate · 01-11-2012, 10:54 PM

Quote:

Originally Posted by paulgl

"Allowed" is not a good term. Those domains are legal to own, until someone sues and wins. I don't believe apple got the owner of ipad.com to sell.

While it may not be "illegal" in terms of criminal law, if you have a trademark-infringing domain that was registered in bad faith and you're acting in bad faith with it, you can be sued for up to $100,000 per infringing domain. Facebook is currently suing 25 entities in this way right now (note that the article indicates they've won some of these lawsuits in the past. I know Apple has at least won domains in the past via UDRP and would not be surprised if they've filed and successfully won trademark lawsuits of this nature as well.

So yea - you can own it and use it, until it gets taken away via UDRP and/or you get sued for $100,000. Is it really worth that trouble?

jokabi · 01-12-2012, 01:41 PM

Thanks everyone for your input.
I will talk with my client and see what
he wants to do. He mentioned trying to
sell his 2 sites on Flippa. Maybe he should
sell his domains, too. He said he'd pay me
a commission if I help him sell his sites.

Here they are: Custom iPad Stand - Custom Ipad stands, Ipad stands,Custom Ipad holders, Ipad holders, Portable Ipad stands, Portable ipad holders,
Custom iPad Holder - Custom Ipad stands, Ipad stands,Custom Ipad holders, Ipad holders, Portable Ipad stands, Portable ipad holders

Do you think anyone would purchase these?
I wonder how much money they would pay?
I've never sold anything on Flippa before.

Thanks for anymore input!

Kathy

01-11-2012, 04:49 PM	#1
jokabi Mobile Warrior Join Date: Jan 2009 Location: Oregon Coast mostly! Posts: 159 Thanks: 100 Thanked 26 Times in 25 Posts Social Networking Contact Info	Domain name question Hey everyone, I have a new client that I will be making a website and a mobile site for. He also has 2 websites that he paid someone to put up a while ago that he wants monetized and a bunch of domain names he'd like more sites made with. Here's my question: The domain names have words like ipad, android, xoom and galaxy in them. Like androidholder.com and customipadcase.com. Will those type of domain names be allowed or will it be a waste of time creating those sites? Thanks for your advice. Kathy

01-11-2012, 04:55 PM	#2
IDN101 Warrior Member Join Date: Dec 2011 Posts: 22 Thanks: 4 Thanked 5 Times in 4 Posts	Re: Domain name question Domains with a TM'd word in them are liking ticking time bombs, IMHO. Regards, Ian

01-11-2012, 05:38 PM	#4
Trevor Stay True To Yourself War Room Member Join Date: Jul 2010 Location: Does It Matter? You Can Work Everywhere! Posts: 666 Blog Entries: 2 Thanks: 79 Thanked 187 Times in 110 Posts Social Networking Contact Info	Re: Domain name question Hi Kathy, most brands don't mind if you include their company names in your domain names. However, there are sometimes instances of the right opposite to this rule, so your best bet is to contact the retailer and kindly ask them if you can include their brand name in your domain, so that you won't get into a legal problem of any kind.
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01-11-2012, 06:20 PM	#6
eurekapsycrille HyperActive Warrior Join Date: Aug 2011 Location: Las Vegas, Nevada Posts: 355 Thanks: 24 Thanked 30 Times in 30 Posts Social Networking	Re: Domain name question I think for a brand and product-based websites, you could also make a "catchy" domain name. I am not talking anything about technical issues. Just a name that will not be forgotten easily by the users.
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01-11-2012, 06:45 PM	#7
paulgl Plundering the Web War Room Member Join Date: Feb 2007 Location: , , . Posts: 4,851 Thanks: 804 Thanked 1,200 Times in 887 Posts	Re: Domain name question "Allowed" is not a good term. Those domains are legal to own, until someone sues and wins. I don't believe apple got the owner of ipad.com to sell. And if you owned oh, say ipad.cn, apple could do nothing. Or the ubiquitous ipad. t k Apple does not like people using their trademarks in domains. But they are not an agency in the United States with legal power. People sometimes forget this. Apple thinks they are above the law sometimes. Those domains are most assuredly not banned on google. Google is not the internet police either. They do ban extensions if they are a problem. .t k was a problem and was banned, I think. I don't think google would give a hoot about anyone using android. Google is a company that is very open and wants the internet open, complete with free and open platforms. Open source is their motto. Obviously, they do own android and would balk at anyone starting a company with a phone product called android. But using android in a domain to promote something that goes with their product is something they would not care about. Unless it gave their product a bad name, of course. Apple is a different animal and likes to protect what's theirs. But even they can't do shinola with places like China. Would they after a domain held by your client? Maybe. But just go over to ebay and search for ipad domain Tons of them for sale. Some are asking for millions. Paul
	How to Make Money off Facebook: Login to your account. Deactivate your account. Get your butt to work.

01-11-2012, 07:03 PM	#8
outwest Lovin Life War Room Member Join Date: Jan 2011 Location: USA and Asia Posts: 2,690 Thanks: 118 Thanked 180 Times in 161 Posts	Re: Domain name question Mostly companies just send emails (free) with letters from their "attorney" Most wont file a real lawsuit and pay real lawyers real money too many people 99 percent just cave and give them the domains

01-12-2012, 01:41 PM	#10
jokabi Mobile Warrior Join Date: Jan 2009 Location: Oregon Coast mostly! Posts: 159 Thanks: 100 Thanked 26 Times in 25 Posts Social Networking Contact Info	Re: Domain name question Thanks everyone for your input. I will talk with my client and see what he wants to do. He mentioned trying to sell his 2 sites on Flippa. Maybe he should sell his domains, too. He said he'd pay me a commission if I help him sell his sites. Here they are: Custom iPad Stand - Custom Ipad stands, Ipad stands,Custom Ipad holders, Ipad holders, Portable Ipad stands, Portable ipad holders, Custom iPad Holder - Custom Ipad stands, Ipad stands,Custom Ipad holders, Ipad holders, Portable Ipad stands, Portable ipad holders Do you think anyone would purchase these? I wonder how much money they would pay? I've never sold anything on Flippa before. Thanks for anymore input! Kathy