Trademarks in Domain names?

26 replies
Hey guys, this issue just came to my attention again recently: what are your thoughts (& more importantly, experiences) regarding using trademarks in your domain name?

Are there cases where you would, or where you definitely would not?

Personally I've had one (actually a Fortune 500 company) for a couple years now that has made me a ridiculous amount of money, but they did find out about it after a few months, contacted me, and ensured that as long as I was cooperative they didn't mind. (Phew!)

Another one I tried got shut down within a week or two with a letter from a lawyer. No harm done really, just lost a bunch of time that I'd put into building the site.

I've never really tried to use those sites for SEO purposes - more reaping the benefit from PPC instead.

Anyways, I've been thinking about doing some mini sites for the Christmas season on specific products (through Amazon) and so I've been thinking about this again.

Some questions:
- where do you find out what is trademarked?
- how close can you be without infringing?
- what has your experience been?
#domain #names #trademarks
  • Profile picture of the author JonathanBoettcher
    Oh - also - does anyone have a good trademark disclaimer type of document they wouldn't mind sharing? I mean the type of thing you'd link to on the bottom of your site saying all the trademarks are the property of their respective owners, yadda yadda yadda...
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  • Profile picture of the author TristanPerry
    An interesting thread As a domainer I've seen quite a few questions like this, so hope I can help.

    The general rule is that TMs in a domain is not allowed. However as you've found out, some companies don't mind too much as long as it benefits them.

    Conversely, some companies are very harsh with this sort of thing. eBay even (illegitimately) go after people who register domains with "bay" in if it looks like a shop-esque sort of domain. This is an extreme example though, and in truth eBay have no right to just go after anyone who regges a domain containing the word "bay"

    But yeah, the general thing is that it's not allowed, but some companies don't mind too much.

    Originally Posted by JonathanBoettcher View Post

    Some questions:
    - where do you find out what is trademarked?
    - how close can you be without infringing?
    - what has your experience been?
    1) In the USA, I think you use this page/tool: Trademark Electronic Search System (TESS)

    Just Google "trademark search" or similar and you'll find a bunch of sites (go for the .gov, .gov.uk etc ones) which can help

    2) If you use a TM in a domain name, you are infringing.

    3) It varies. I've got some domains with TMs in without any problems at all. However I've seen plently of other domains get C&D e-mails within days of regging a TM domain.

    Originally Posted by JonathanBoettcher View Post

    Oh - also - does anyone have a good trademark disclaimer type of document they wouldn't mind sharing? I mean the type of thing you'd link to on the bottom of your site saying all the trademarks are the property of their respective owners, yadda yadda yadda...
    This one is more for sites which may infringe Intellectual Property (so fan-sites and all), but the general thing is:

    This web site is completely unofficial and is in no way endorsed by [Official Company Name Here]. This website is here solely to help out [Target market] and to spread the word of [Product/TM being used].


    [List of all applicable TMs, registered terms, IP-terms, etc go here. I've seen lists with hundreds of TMs/registered terms etc here] are either ®, TM and/or © Copyright [Official Company Name Here] [Start Date]-[End Date], variably registered in the [Country Of Registration] and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.
    As an example, Games Workshop give out the following legal disclaimer to use:

    This web site is completely unofficial and in no way endorsed by Games Workshop Limited.

    Adeptus Astartes, Battlefleet Gothic, Black Flame, Black Library, the Black Library logo, BL Publishing, Blood Angels, Bloodquest, Blood Bowl, the Blood Bowl logo, The Blood Bowl Spike Device, Cadian, Catachan, the Chaos device, Cityfight, the Chaos logo, Citadel, Citadel Device, City of the Damned, Codex, Daemonhunters, Dark Angels, Dark Eldar, Dark Future, the Double-Headed/Imperial Eagle device, 'Eavy Metal, Eldar, Eldar symbol devices, Epic, Eye of Terror, Fanatic, the Fanatic logo, the Fanatic II logo, Fire Warrior, Forge World, Games Workshop, Games Workshop logo, Genestealer, Golden Demon, Gorkamorka, Great Unclean One, the Hammer of Sigmar logo, Horned Rat logo, Inferno, Inquisitor, the Inquisitor logo, the Inquisitor device, Inquisitor:Conspiracies, Keeper of Secrets, Khemri, Khorne, Kroot, Lord of Change, Marauder, Mordheim, the Mordheim logo, Necromunda, Necromunda stencil logo, Necromunda Plate logo, Necron, Nurgle, Ork, Ork skull devices, Sisters of Battle, Skaven, the Skaven symbol devices, Slaanesh, Space Hulk, Space Marine, Space Marine chapters, Space Marine chapter logos, Talisman, Tau, the Tau caste designations, Tomb Kings, Trio of Warriors, Twin Tailed Comet Logo, Tyranid, Tyrannid, Tzeentch, Ultramarines, Warhammer, Warhammer Historical, Warhammer Online, Warhammer 40k Device, Warhammer World logo, Warmaster, White Dwarf, the White Dwarf logo, and all associated marks, names, races, race insignia, characters, vehicles, locations, units, illustrations and images from the Blood Bowl game, the Warhammer world, the Talisaman world, and the Warhammer 40,000 universe are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2009, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.
    Hope this all helps
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  • Profile picture of the author JonathanBoettcher
    Thanks Tristan - that's very informative.

    For anyone else reading this thread, another tactic you can sometimes get away with is to use part of a term in your domain, instead of the whole thing.

    Something like the 'bay' example Tristan mentioned (which is 100% legal).

    Or, if you're going for product names, choose something like S410digicams.com, working off the model number instead of the full make/model name.
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  • Profile picture of the author TristanPerry
    You're welcome Jonathan
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  • Profile picture of the author zuluranger
    This is good info on trademark domain. I was about to register brandnameblog.com but now I have to hold back. I thought by adding suffix like blog, site to the brand name or trademark could avoid being getting into trouble. Thanks for the advice.
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  • Profile picture of the author Dan Klatt
    Hi Jonathan,

    Looks like you may have your questions answereed already, although I can share my own experiences with the issue.

    I had a product called "Redicover Think and Grow Rich", and the Napoleon Hill Foundation went after it saying RediscoverThinkAndGrowRich.com confused people looking for their Think and Grow Rich material. The issue was interesting because they have a trademark on five uses of Think and Grow Rich, including books, tapes, calendars, etc.

    First they sent me a cease and desist order, telling me I had to stop selling the product and destroy all copies of it I had.

    Fortunately some legal counsel let me know their bully tactics were without legal ground, and their only recourse it seemed was to take file the paperwork to take the domain.

    Through that process, which was repeated two more times with other domains I had, and apparently this is a big part of their mission because they do this routinely, was that it's almost automatic for the trademark holder to be awarded the domain that's been challenged.

    Interesting process to go through. I guess it may be worth consulting legal counsel if any of your domains are important to you, because it may be worth challenging (if there's no risk to you other than losing the domain).

    Warmly,
    Dan
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    • Profile picture of the author TristanPerry
      Originally Posted by Dan Klatt View Post

      Hi Jonathan,

      Looks like you may have your questions answereed already, although I can share my own experiences with the issue.

      I had a product called "Redicover Think and Grow Rich", and the Napoleon Hill Foundation went after it saying RediscoverThinkAndGrowRich.com confused people looking for their Think and Grow Rich material. The issue was interesting because they have a trademark on five uses of Think and Grow Rich, including books, tapes, calendars, etc.

      First they sent me a cease and desist order, telling me I had to stop selling the product and destroy all copies of it I had.

      Fortunately some legal counsel let me know their bully tactics were without legal ground, and their only recourse it seemed was to take file the paperwork to take the domain.

      Through that process, which was repeated two more times with other domains I had, and apparently this is a big part of their mission because they do this routinely, was that it's almost automatic for the trademark holder to be awarded the domain that's been challenged.

      Interesting process to go through. I guess it may be worth consulting legal counsel if any of your domains are important to you, because it may be worth challenging (if there's no risk to you other than losing the domain).

      Warmly,
      Dan
      Glad you got your issue sorted You are completely right that consulting legal counsel is a great way to go (if, of course, it's worth the money)

      As a general FYI (and I have no connection to any of the following), some of the best domain laywers out there are considered to be (but not limited to):

      John Berryhill: John Berryhill

      Zak Muscovitch of >>> Domain Name Attorney.com

      Stephen H. Sturgeon of Domain Name Dispute Lawyers - Domain Disputes, UDRP Cease Desist Letters, Rights

      Of course, consulting a lawyer is for higher priced disputes. I have some domains worth $x,xxx and others worth $x. Obviously I'd consider a lawyer for the former, but not for the latter.

      I know that this post is a bit off-topic, although it's here as an FYI
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      • Profile picture of the author Tony Dean
        Another thing not mentioned in the thread is: when you come to selling either the site with domain name or just want to sell the domain name only, most of the domain auctioneers, such as Afternic will check the domain for any trademark infringement, and subsequently if they find there is trademark infringement, will refuse to sell it for you.
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  • Profile picture of the author Mr.Tambourine
    It really does not matter till you are small... so if you plan on being a small site, the trademarkers will not bother you... but when you start growing , that is when you should sit up and pay attention....

    As inaccurate as it can get, you first must decide whether your site will get huge.... if not, trademark may not be an issue....
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  • Profile picture of the author readycashnow
    If you are going to be doing any ppc on google do not, I repeat, do not use any trademarks in anything you do...not ads, salescopy, landing pages...anything as google will slap anything with a trademark in it....unless you are that trademark.
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    • Originally Posted by readycashnow View Post

      If you are going to be doing any ppc on google do not, I repeat, do not use any trademarks in anything you do...not ads, salescopy, landing pages...anything as google will slap anything with a trademark in it....unless you are that trademark.
      Sorry, but I would have to disagree with that statement. I've run PPC campaigns with product landing pages and ad copy that promotes a trademarked name or item quite a bit with no issues.

      I don't do the trademarked domain name although I do use sub-domains with the product name and I haven't had any issues there either.

      -Brad
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      • Profile picture of the author JonathanBoettcher
        Originally Posted by nichewebstrategies View Post

        Sorry, but I would have to disagree with that statement. I've run PPC campaigns with product landing pages and ad copy that promotes a trademarked name or item quite a bit with no issues.

        I don't do the trademarked domain name although I do use sub-domains with the product name and I haven't had any issues there either.

        -Brad
        That's a great idea Brad... I like the idea of the subdomain. Non TM domain name, with a sub that makes it exactly what they're looking for. Cool.

        I'd have to agree with you as well - I've run PPC campaigns to trademarked domains for the past 5 or so years without problem - using TM keywords as well by the way.
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  • Profile picture of the author JonMills
    I would be very careful. Let me share with you a story, I detail this in my course too as I think its vital people are aware of this before purchasing domains.

    When I first got started online I had a good friend in Australia who was making a killing in an affiliate marketing niche. Bringing in at the tops $9,000 one december month.

    She was high up on the search engines both in google, msn and yahoo and was pulling in a lot of traffic

    She ended up getting a big package in the mail telling her she had to pull down that domain and give it to a company whos domain was almost identical to hers despite hers had the word " The " before their company name

    It would be like buying a domain like " TheDell.com "

    Also to top it off, the merchants products she was promoting was the direct competition of this company as this company sold the same products

    All the work she put into that site, yes she made some money but had to give it all up after that. That took the wind out of her sails

    If in doubt do a check before you purchase
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  • Profile picture of the author Angel Anderson
    very good information here, I have a close domain with the ebay in it and I don't know if I could ever sell it.
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  • Profile picture of the author AdvancedSamurai
    - where do you find out what is trademarked?
    - how close can you be without infringing?
    - what has your experience been?
    - Search the web
    - do not include trademarks in domain name
    - mixed:

    I have registered quite a lot of domains with trademarks on purpose. Now I know it was a bad idea.

    One of the domains had name of one big companies in electronics.
    Their Director of intellectual property sent me a letter: Infringing website blah blah
    The fact was the website promoted their products. Of course there was some PPC ads.
    I gave them the domain. I still have others that are performing better

    Now I avoid trademarks. I just don't want trouble.
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  • Profile picture of the author LilBlackDress
    Thats shameful that ebay would go after shopping companies with bay in it....do they think they own the rights to the word!

    On a whim I bought a domain name with Twitter in it...I probably better not use it ...oh well $10 down the drain is better than a lawsuit.
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    • Profile picture of the author TristanPerry
      Originally Posted by LilBlackDress View Post

      Thats shameful that ebay would go after shopping companies with bay in it....do they think they invented they own the rights to the word!

      On a whim I bought a domain name with Twitter in it...I probably better not use it ...oh well $10 down the drain is better than a lawsuit.
      Yep. eBay is a more extreme example - most companies aren't that over-the-top. But I'm just pointing out that some companies can go over the top, unfortunately.

      I wouldn't worry too much about it. There's a chance they won't mind too much (so if it's a really good name you can always try developing it a bit, even if you make a small profit before needing to take the website down). They will never out-right sue you, they'd just send an e-mail or letter with what's called a C&D - cease and desist - request in it (basically saying the website infringes their TM and asking that you take the website down).
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    • Profile picture of the author davezan
      Originally Posted by LilBlackDress View Post

      Thats shameful that ebay would go after shopping companies with bay in it....do they think they own the rights to the word!
      These past few years, I've noticed they mainly go after domains with "bay" if
      they show auction-type services. Shopping, maybe, but mostly auction.

      See the eBay vs. Perfume Bay dispute for an extreme example. There are few
      trademarks, especially uniquely famous ones held by those with deep pockets,
      that are best left alone.
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  • Profile picture of the author Debbie Songster
    The problem with Trademarks goes beyond - "should I use it in a domain name or not"
    The thing you have to ask yourself is do you really want to fight that battle?
    Companies who protect their Trademarks, names and brands have deep pockets.

    Ask yourself - Can I afford a nuisance lawsuit? You might win the battle but lose the war when you dish out thousands of $$$ to fight the battle.

    My experience has shown that companies will also go after you for using their names in your meta tags and product descriptions - yes I know - its stupid - been there, done that, got the box of legal papers to prove it. Were they right? NO but they harassed me anyway

    Also Google will not allow you to use certain brand names in your PPC

    Don't use trademarks / tradenames in top level domain names unless you have an arrangement. I have 2 websites with tradenames in them but I have an arrangement with the factory - otherwise I wouldn't do it.

    Use the name in a folder or subdomain

    Sorry, but I would have to disagree with that statement. I've run PPC campaigns with product landing pages and ad copy that promotes a trademarked name or item quite a bit with no issues.
    Try selling NFL gear using PPC - Google will shut your ad down.
    Did you know NFL is trademarked and even though I sell NFL licensed products I can't use NFL in my PPC campaigns.

    Also for those of you who do affiliate products. There are an increasing number of companies who won't allow you to use their tradenames, and trademarks in your PPC campaigns. Its against their TOS and they will refuse to pay out commissions.

    Thats my 2cents
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    • Profile picture of the author BKenn01
      Originally Posted by Debbie Songster View Post

      The problem with Trademarks goes beyond - "should I use it in a domain name or not"
      The thing you have to ask yourself is do you really want to fight that battle?
      Companies who protect their Trademarks, names and brands have deep pockets.

      Ask yourself - Can I afford a nuisance lawsuit? You might win the battle but lose the war when you dish out thousands of $$$ to fight the battle.

      My experience has shown that companies will also go after you for using their names in your meta tags and product descriptions - yes I know - its stupid - been there, done that, got the box of legal papers to prove it. Were they right? NO but they harassed me anyway

      Also Google will not allow you to use certain brand names in your PPC

      Don't use trademarks / tradenames in top level domain names unless you have an arrangement. I have 2 websites with tradenames in them but I have an arrangement with the factory - otherwise I wouldn't do it.

      Use the name in a folder or subdomain

      Try selling NFL gear using PPC - Google will shut your ad down.
      Did you know NFL is trademarked and even though I sell NFL licensed products I can't use NFL in my PPC campaigns.

      Also for those of you who do affiliate products. There are an increasing number of companies who won't allow you to use their tradenames, and trademarks in your PPC campaigns. Its against their TOS and they will refuse to pay out commissions.

      Thats my 2cents
      That is interesting. What about team names are those actually trademarked? I ask because I own a domain for my favorite NFL team that I intend to start a blog with. I see many fansites out there that include the team name.

      These names are so mass used by schools, youth sports, etc.
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      • Profile picture of the author Debbie Songster
        Originally Posted by BKenn01 View Post

        That is interesting. What about team names are those actually trademarked? I ask because I own a domain for my favorite NFL team that I intend to start a blog with. I see many fansites out there that include the team name.

        These names are so mass used by schools, youth sports, etc.
        You bet team names are trademarked
        Licensing is a muti billion dollar industry. Try manufacturing a product with a team name or logo on it without buying the license. The lawyers will be all over you in a heart beat.

        The bottom line is - are you making money with the use of the name?

        Fan sites are fan sites - their existence isn't to make money. If your sites main goal is to make money then they will be watching you.

        I can only tell you what my experience is and that of my clients.
        I sell NFL shoe charms and I can NOT make a Google PPC ad that states I have NFL charms. They deny it every time. NFL is a "banned" word.

        Here's another one for you
        My client owns Procharms
        Its primary function is to sell (both retail and wholesale) licensed sport products.
        If you go to her site right now (I have to change this for her) and look on the right sidebar where it lists products "Shop by Team/School" the first drop down you will see if NFL products.

        See the NFL logo? Its a logo stating that she sells officially licensed NFL products. They (NFL legal team) recently contacted her to tell her to REMOVE the logo!

        Why? She sells licensed products created when the NFL was paid a huge sum of $$$ for the right to use the team logos.
        Don't ask me the logic in why she can't use the stupid logo but shes been TOLD -not asked to remove it. (I removed it and then we moved her site to a new host so I have to put the replacement logo back in there)

        Anyway, get this ... They also told her to remove the phrase talking about "officially licensed NFL..." text that was in an article from a magazine. A magazine article talking about her business. An article she posted on her web store. One she didn't write.

        Was it correct for them to do that? Probably not but who wants to spend thousands of $$$ defending yourself against a giant like the NFL that has deep enough pockets to bankrupt a small business.

        Here are a few other little tid bits of info on brandnames and trademarks.
        If you are selling an item that competes with another companies product and doing it in a way that may be confusing to the public. Confusing enough that the public thinks they are buying X when in fact they are buying Y -then the X company can go after you for infringement.

        There are some old time products that don't fit in this category but they make good examples
        Xerox and Kleenex are 2 good ones (but don't apply because of their age)
        When we talk about a photocopy machine we call it a Xerox machine (or at least we used to - those of us old enough)
        The conversation might go - I need to go down to Staples and buy a Xerox machine - even though we are probably going to buy a Cannon or Brother brand.

        Also Kleenex - when someone tells you they need a "tissue" they usually say pass me a Kleenex please

        Xerox and Kleenex can't go after their competitors based on brand confusion because we use those words to identify the actual product.

        I could tell you lots of stories. Bottom line if your sites purpose is to make money you WILL hit their radar and you WILL be evaluated.

        FYI - Jen sells MLB, NASCAR, College, NHL, and NBA licensed products and they are just fine with her use of logos and such. It just appears to be the NFL that has their panties in knot - go figure.

        The rules are getting stricter and it doesn't always go in the favor of who's right.

        He who has the money wins!

        I'm off my soap box now
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        • Profile picture of the author BKenn01
          Originally Posted by Debbie Songster View Post

          You bet team names are trademarked
          Licensing is a muti billion dollar industry. Try manufacturing a product with a team name or logo on it without buying the license. The lawyers will be all over you in a heart beat.

          The bottom line is - are you making money with the use of the name?

          Fan sites are fan sites - their existence isn't to make money. If your sites main goal is to make money then they will be watching you.

          I can only tell you what my experience is and that of my clients.
          I sell NFL shoe charms and I can NOT make a Google PPC ad that states I have NFL charms. They deny it every time. NFL is a "banned" word.

          Here's another one for you
          My client owns Procharms
          Its primary function is to sell (both retail and wholesale) licensed sport products.
          If you go to her site right now (I have to change this for her) and look on the right sidebar where it lists products "Shop by Team/School" the first drop down you will see if NFL products.

          See the NFL logo? Its a logo stating that she sells officially licensed NFL products. They (NFL legal team) recently contacted her to tell her to REMOVE the logo!

          Why? She sells licensed products created when the NFL was paid a huge sum of $$$ for the right to use the team logos.
          Don't ask me the logic in why she can't use the stupid logo but shes been TOLD -not asked to remove it. (I removed it and then we moved her site to a new host so I have to put the replacement logo back in there)

          Anyway, get this ... They also told her to remove the phrase talking about "officially licensed NFL..." text that was in an article from a magazine. A magazine article talking about her business. An article she posted on her web store. One she didn't write.

          Was it correct for them to do that? Probably not but who wants to spend thousands of $$$ defending yourself against a giant like the NFL that has deep enough pockets to bankrupt a small business.

          Here are a few other little tid bits of info on brandnames and trademarks.
          If you are selling an item that competes with another companies product and doing it in a way that may be confusing to the public. Confusing enough that the public thinks they are buying X when in fact they are buying Y -then the X company can go after you for infringement.

          There are some old time products that don't fit in this category but they make good examples
          Xerox and Kleenex are 2 good ones (but don't apply because of their age)
          When we talk about a photocopy machine we call it a Xerox machine (or at least we used to - those of us old enough)
          The conversation might go - I need to go down to Staples and buy a Xerox machine - even though we are probably going to buy a Cannon or Brother brand.

          Also Kleenex - when someone tells you they need a "tissue" they usually say pass me a Kleenex please

          Xerox and Kleenex can't go after their competitors based on brand confusion because we use those words to identify the actual product.

          I could tell you lots of stories. Bottom line if your sites purpose is to make money you WILL hit their radar and you WILL be evaluated.

          FYI - Jen sells MLB, NASCAR, College, NHL, and NBA licensed products and they are just fine with her use of logos and such. It just appears to be the NFL that has their panties in knot - go figure.

          The rules are getting stricter and it doesn't always go in the favor of who's right.

          He who has the money wins!

          I'm off my soap box now
          Thats the thing. Most of the fans shops have adsense, Amazon affiliate and TeamFanshop affiliate or some other type of monetization on them. Maybe it is
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        • Profile picture of the author BKenn01
          Originally Posted by Debbie Songster View Post

          You bet team names are trademarked
          Licensing is a muti billion dollar industry. Try manufacturing a product with a team name or logo on it without buying the license. The lawyers will be all over you in a heart beat.

          The bottom line is - are you making money with the use of the name?

          Fan sites are fan sites - their existence isn't to make money. If your sites main goal is to make money then they will be watching you.

          I can only tell you what my experience is and that of my clients.
          I sell NFL shoe charms and I can NOT make a Google PPC ad that states I have NFL charms. They deny it every time. NFL is a "banned" word.

          Here's another one for you
          My client owns Procharms
          Its primary function is to sell (both retail and wholesale) licensed sport products.
          If you go to her site right now (I have to change this for her) and look on the right sidebar where it lists products "Shop by Team/School" the first drop down you will see if NFL products.

          See the NFL logo? Its a logo stating that she sells officially licensed NFL products. They (NFL legal team) recently contacted her to tell her to REMOVE the logo!

          Why? She sells licensed products created when the NFL was paid a huge sum of $$$ for the right to use the team logos.
          Don't ask me the logic in why she can't use the stupid logo but shes been TOLD -not asked to remove it. (I removed it and then we moved her site to a new host so I have to put the replacement logo back in there)

          Anyway, get this ... They also told her to remove the phrase talking about "officially licensed NFL..." text that was in an article from a magazine. A magazine article talking about her business. An article she posted on her web store. One she didn't write.

          Was it correct for them to do that? Probably not but who wants to spend thousands of $$$ defending yourself against a giant like the NFL that has deep enough pockets to bankrupt a small business.

          Here are a few other little tid bits of info on brandnames and trademarks.
          If you are selling an item that competes with another companies product and doing it in a way that may be confusing to the public. Confusing enough that the public thinks they are buying X when in fact they are buying Y -then the X company can go after you for infringement.

          There are some old time products that don't fit in this category but they make good examples
          Xerox and Kleenex are 2 good ones (but don't apply because of their age)
          When we talk about a photocopy machine we call it a Xerox machine (or at least we used to - those of us old enough)
          The conversation might go - I need to go down to Staples and buy a Xerox machine - even though we are probably going to buy a Cannon or Brother brand.

          Also Kleenex - when someone tells you they need a "tissue" they usually say pass me a Kleenex please

          Xerox and Kleenex can't go after their competitors based on brand confusion because we use those words to identify the actual product.

          I could tell you lots of stories. Bottom line if your sites purpose is to make money you WILL hit their radar and you WILL be evaluated.

          FYI - Jen sells MLB, NASCAR, College, NHL, and NBA licensed products and they are just fine with her use of logos and such. It just appears to be the NFL that has their panties in knot - go figure.

          The rules are getting stricter and it doesn't always go in the favor of who's right.

          He who has the money wins!

          I'm off my soap box now
          Thats the thing. Most of the fans shops have adsense, Amazon affiliate and TeamFanshop affiliate or some other type of monetization on them. That is strange.

          Sorry for the double post everything just went haywire.
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          • Profile picture of the author Debbie Songster
            Originally Posted by BKenn01 View Post

            Thats the thing. Most of the fans shops have adsense, Amazon affiliate and TeamFanshop affiliate or some other type of monetization on them. That is strange.

            Sorry for the double post everything just went haywire.
            Thats passive income - totally different situation.

            Hey, I don't understand the "logic" that the NFL was dishing out on Jen's site but it is what it is.
            After I changed the logo for her (the first time) I looked at a few other online retail stores and most of them weren't using the "officially licensed NFL products" logo either.
            If you can't use the logo to advertise their products then when can you use it?


            BTW - you can delete your double post

            Let me tell you its huge money to buy these licenses.
            There is an upfront amount of money and then a percentage of each item sold for many of these licenses.
            You would think that after paying the licensing fees, you would be able to use the stupid logo! If its the NFL - you can't.

            Sorry I've taken this on a different direction. The OP was all about use of a trademark in a domain name - should you do it?

            Don't do it. The higher the company profile the more likely you will run into trouble. Its not worth it.
            Signature

            Getting back in the grove after taking a year off following a family tragedy.

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        • Profile picture of the author sbucciarel
          Banned
          Originally Posted by Debbie Songster View Post

          The rules are getting stricter and it doesn't always go in the favor of who's right.

          He who has the money wins!
          Actually, it's more like he who owns the trademark wins and that's really as it should be. If I owned a valuable trademark, I would actively defend it against infringement.

          I would avoid using trademarks in domain names. I don't need the legal hassle for one and for two, it's somebody else's property.
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  • Profile picture of the author Mo Goulet
    I know there are going to be mixed feelings about what I'm about to say but this has worked for me very well over the last several years.

    Most people do not think about this but when you TM a name, you have incredible bargaining power when it comes to buying a domain name.

    There have been several names I have tried to buy from sources that buy and sell names. As you all know, with big companies, there is very little negotiating. They usually do not budge.

    About 2 years ago, I started TM'ing names I wanted (cost about $500) and 6 months later, made offers on the .com's and got the same run around until they found out I had the TM. I usually save on average about $3,000 per name.

    Just a thought....
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