Copyright and TM question...

[Solidsnake]

Should I worry bout Clickbank for copyright infringement if I have a website with "clickbank" on its domain, but that site sells clickbank products?

[davezan]

That's actually trademark from what you described, but yes. Especially when
their contract states that.

[Solidsnake]

Maybe there are some exceptions? Like googlecommunity.com

[SageSound]

You will most likely find the answer in the Terms of Service for a given site than on some other site. Clickbank's terms are not the same as Google's terms. They're in different businesses, and they have different goals and strategies.

You might have a personal policy whereby you let your friends drive your car any time they want. Your next door neighbor might not do that. If your cousin then posted a question in a forum asking which one of these two different policies is better, what kinds of answers do you think she'd get? If they generally agreed that your policy was better, and she decided to borrow your neighbor's car and was arrested for grand theft, is that very smart?

The bottom line is fairly simple: if you own a trademark, patent, or copyright, and you fail to diligently enforce it, you stand the likelihood of losing it. That's the law. So it's natural to assume that the legal holders of such assets WILL and DO take actions to enforce them -- some more aggressively than others, to be sure.

And ICANN, the guardian of the most popular top level domain names worldwide, has policies in place to allow registered trademark holders to demand that people who register domains containing those registered trademarks forfeit use of those domain names.

Sure, there are "exceptions". Like a loaded gun sitting there waiting for you to pick it up. To quote a famous movie, "you've got to ask yourself one question: Do I feel lucky? Well, do ya, punk?" ;-)

[sbucciarel]

Why don't you ask Clickbank if you're not sure. It's a trademark and using it is a trademark violation and if they enforce it, they can take that domain from you.

[Solidsnake]

And ICANN, the guardian of the most popular top level domain names worldwide, has policies in place to allow registered trademark holders to demand that people who register domains containing those registered trademarks forfeit use of those domain names.

This is the thing I don't understand with trademarks sometimes especially when the involved words or terms are very common...

For example, the rule.com. Rule is a very common word and can be used in hundreds of ways.. Do rule.com has the right to demand trademark ownership to all rule-related domains or just the exact "rule.com"?

Back to my main question, I will definitely contact CB directly and I have a strong feeling they would allow it especially if the domain will be used to promote CB products..

[SageSound]

I think you're confusing a few things.

First of all, domain names are not (necessarily) trademarks. They are ... domain names.

"Kodak" is a trademarked term. In fact, it's a "Registered Trademark" with the US Patent and Trademark Office (US PTO).

"kodak.com" is a domain name that contains a term that's a registered trademark.

So is "I-love-kodak-film.com".

If you've ever regsitered a domain name that contains the letters 'e-b-a-y' (no hyphens) in it, then you've probably gotten a cease and desist letter from their lawyers fairly quickly. Why? Because those letters are registered as a trademarked term with the US PTO.

ICANN's policies apply to trademarks that are duly registered with a country's national registration agency -- which in the US is the PTO.

I doubt the word "rule" is trademarked by anybody, at least in the English language. So the domain name "rule.com" is probably NOT violating anybody's trademarks.

However, the person who owns that domain name has every right to try registering "rule.com" as a trademarked term with the US PTO (or some other country's agent), and they are very likely to get it registered. That's distinct from "rule" being trademarked.

Does that help?

BTW, you don't have to "contact" Clickbank about this. Just read their Terms of Service.

And just because they might be feeling generous today doesn't mean they might not change their mind tomorrow. If "clickbank" is a registered trademark, then they have every right, now or in the future, to demand that you stop using it.

Like I said earlier, if you plan to use a registered trademark like "clickbank" in a domain name, "you've got to ask yourself one question: Do I feel lucky? Well, do ya, punk?" ;-)

I'm not just trying to be funny here! Go register some domain name with the letters 'ebay' in it and see how long it takes before you've got their lawyers staring you down and calling you a punk. Maybe not literally, but a C&D letter in your mailbox is pretty much the same thing.

-David

[Solidsnake]

Thanks David, I will try to run through their TOS thoroughly.

[Solidsnake]

BTW, just took a short glance at google adwords and found out that most high-research clickbank-associated keywords are all taken as domains.. I think these people doesn't care about copyright infringement?

clickbanksearch.net, clickbankaffiliateprogram.info, clickbankaffiliate.com, clickbankaffiliate.info, clickbankads.com, clickbankstore.net, clickbankmall.net, clickbankaffiliateprogram.com, clickbankmall.info, money.info, money.us, clickbankkeynetics.com, clickbankreview.org, money.org, clickbankforum.org, clickbankaffiliate.net, clickbankads.net, clickbankreview.info, cbmallclickbank.com, clickbankaffiliateprogram.net, clickbankmarketplace.biz, clickbankproducts.biz, clickbanksearch.info, clickbankmarketplace.com, clickbankproducts.com, clickbankproducts.info, clickbankproduct.com, clickbankebook.com, clickbankads.info, money.biz, clickbankdirectory.com, clickbankreview.com, money.com, clickbankforum.com, clickbankstore.org, clickbankmall.org, clickbankproducts.net, clickbankmarketplace.net, clickbankmarketplace.info, clickbankproduct.net, clickbanknet.info, adwordsclickbank.com, clickbankaffiliates.com, clickbankdirectory.net, clickbankmoney.net, clickbankforum.net, clickbankreview.net, clickbankstore.info, clickbanknet.com, clickbankproduct.info, clickbanksearch.com, clickbankwebsite.com, clickbankaccount.info, money.mn, clickbankdirectory.info, clickbanksoftware.com, clickbankstore.biz, clickbankaffiliates.net, clickbankmall.biz, clickbankmall.us, clickbanksales.com, clickbankstore.com, clickbankmall.com

But of course I don't want to join them if I am planning a longterm business.. and even clickbank.mn is still available LOL

I browse CB tos and I can't find specific terms for their copyright law concerning "clickbank" brand name..

[SageSound]

you're talking about TRADEMARK terms here NOT copyrights.

Here is where you find out about Clickbank's TRADEMARK policies:

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") AND TRADEMARK POLICY

I'm not saying it's a bad idea. Only that it's a gamble -- one that you're almost certainly going to LOSE if it ever comes up.

-David

[Solidsnake]

Originally Posted by SageSound

you're talking about TRADEMARK terms here NOT copyrights.

Here is where you find out about Clickbank's TRADEMARK policies:

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") AND TRADEMARK POLICY

I'm not saying it's a bad idea. Only that it's a gamble -- one that you're almost certainly going to LOSE if it ever comes up.

-David

already that but thanks..

[davezan]

Originally Posted by Solidsnake

I browse CB tos and I can't find specific terms for their copyright law concerning "clickbank" brand name..

Look at 6.a under Client Contract. At least you're looking, unlike others.

[mikemcmillan]

I have run into a couple of cases where I tried to register a domain name with the names of a couple of search engines in the name at NameCheap and they wouldn't even go through. I got a message saying that while the domain name was not being used, it was unavailable--or something like that.

[seasoned]

Originally Posted by Solidsnake

This is the thing I don't understand with trademarks sometimes especially when the involved words or terms are very common...

For example, the rule.com. Rule is a very common word and can be used in hundreds of ways.. Do rule.com has the right to demand trademark ownership to all rule-related domains or just the exact "rule.com"?

Back to my main question, I will definitely contact CB directly and I have a strong feeling they would allow it especially if the domain will be used to promote CB products..

TECHNICALLY, a common term is ILLEGAL to register as a trademark, and it is a dumb idea. STILL, you have companies, like amazon, that do it! Amazon was ESPECIALLY bad in that they should never have been awarded a trademark since amazon books should have at least had it. THEY, amazon books, lost the rights to the trademark because they did NOT defend it in a timely manner!

ALSO, I worked for a company called IBM, and IBM eventually SUED them! The computer company, IBM ****LOST**** since IBM, the management company, was in a different industry. I guess neither they NOR the judge were very smart. NOW IBM branched out into consulting that further blurs the line. BTW what did IB in IBM stand for in BOTH cases? "International Business"! The ONLY thing different between the two IBMs, on their logo, was the font/color used.

SO, STAY AWAY from common names if YOU want a trademark and, if you USE another trademark, STAY OUT OF THE INDUSTRY! That is ONE thing that helped support nissan consulting's case. If they so much as ADVERTISED cars, it would have been a point against them.

I am NOT a lawyer but, obviously, I AM aware of several relevant rulings, etc....

Steve

[Solidsnake]

Thanks Steve.. I performed keywords research for couple of days and I don't need "clickbank" anymore.. I found a highly-search keyword related to CB that can be used..