Trademarks and domains. Some great keywords but is it legal?

[Andy1750]

Hi Warriors,

Anybody know what the restrictions are in terms of incorporating trademarks in domains?

If the domain name makes it clear that you are not associated with the owner/developer of the product (e.g. sonyDSLR-A200Kreview.com) would this be acceptable from a legal point of view or could I end up in court?

Thanks,

Andy

[GuerrillaIM]

in my experience, as long as you are not trying to pose as sony, or there could be incident where you are confused with sony then it would be ok. For instance sony-international.com would get you in problems. I doubt you would get in trouble for sonyproductreviews.com. At the end of the day you are not posing as sony and you are promoting their products so they should be happy. I have lots of domains with trademarks as part of the domain. So far I have never had a single complaint, but I make it clear that I am not in any way affiliated with the trademark name.

[The Expert]

Do not incorporate a trademarked name in any way if you are running EPN ads on a site.

They are over-the-top strict on that right and if a competitor wants to take you out they just report you to the thought-police over at EPN who nuke your account.

Not just that one site mind you...but your entire account for all your site. Not worth the risk.

[John Hixson]

Originally Posted by The Expert

Do not incorporate a trademarked name in any way if you are running EPN ads on a site.

They are over-the-top strict on that right and if a competitor wants to take you out they just report you to the thought-police over at EPN who nuke your account.

Not just that one site mind you...but your entire account for all your site. Not worth the risk.

sorry to be dense but - EPN?

I ask as I have 2 sites that have trademarked names in them. Not to pass them off as that company, I make it very clear they are unofficial, but because they are fan sites of those products and so it made sense.

Should I be looking at changing them then? (they are both early development stage so it would be possible but far from desireable)

[cashcow]

When you use a trademarked name in your domain, you take your chances of being on the receiving end of a cease and desist letter and losing all your hard work. Some companies protect their names vigorously and others don't. It depends on the trademark you are using.

I'm not a lawyer so you'd probably want to seek legal assistance if it is worth the cost, but to play it safe you should steer clear of using trademarked names in your domain.

[Andy1750]

Hi Warriors,

Many thanks for all the feedback so far.

Sorry if this is a little dense but what is an EPN?

And in addition, if I take the chance is a cease and desist letter the worst thing that could happen? If I comply with the cease and desist can I assume that no further action would be taken?

Reason that I am so interested is that I have found some amazing keywords to focus in with trademarked terms in the product name. If all I am risking is my time then no problem. If however I am at risk of getting sued for every penny that I own then I would prefer to focus on safer alternatives.

If I focus on non-electrical products would this be safer?

Thanks,

Andy

[sbucciarel]

Originally Posted by Andy1750

Hi Warriors,

Anybody know what the restrictions are in terms of incorporating trademarks in domains?

If the domain name makes it clear that you are not associated with the owner/developer of the product (e.g. sonyDSLR-A200Kreview.com) would this be acceptable from a legal point of view or could I end up in court?

Thanks,

Andy

There are only a couple of acceptable "fair use" uses of a trademark in a domain.
One is a review of the trademarked product .... like sonysucks dot com
Another is a fansite that is purely NON-commercial ... no ads.

Anything else and you are violating their trademark. The way you propose to use it would be violating their trademark. I assume you plan on selling something on the site so it would not come under the fair use policies as a review of the company.

[John Hixson]

Originally Posted by sbucciarel

There are only a couple of acceptable "fair use" uses of a trademark in a domain.
One is a review of the trademarked product .... like sonysucks dot com
Another is a fansite that is purely NON-commercial ... no ads.

Anything else and you are violating their trademark. The way you propose to use it would be violating their trademark. I assume you plan on selling something on the site so it would not come under the fair use policies as a review of the company.

Thanks for that, good to know. whilst both my sites are fan sites they do carry adsense and will probably sell that product that we are fans of.

Time to rethink this

[Lanadili]

Originally Posted by Andy1750

Sorry if this is a little dense but what is an EPN?

EPN = Ebay Partner Network

From my understanding, most people will send you a cease and desist, and as long as you stop using that brandname, no further action will be taken.

The best thing to do is send an email to the merchant you are promoting and ask them.

Hope this helps.