Will I Get In Trouble With This Domain Name?

SoEasyMoney · 10-24-2009, 08:07 PM

I ran across a very good nice today while watching TV. There are about 10 very keyword rich .com domain names available. However, each domain includes the trade marked name and then the toy name---example:

webkinspony.com and webkinscat.com and webkinsbear.com etc..............

so......will I get in trouble if I register these domains?

Thanks in advance for the advice.

Tsnyder · 10-24-2009, 08:13 PM

The short answer is probably but the forum
wouldn't let me say just that

SoEasyMoney · 10-24-2009, 08:19 PM

Thanks T. My gut tells me that I will get in trouble.

But, anyone else care to weigh in on this?

James Schramko · 10-24-2009, 08:25 PM

avoid trademark domains. Unless you have permission you will usually be sent a letter demanding you cease using it.

sbucciarel · 10-24-2009, 08:31 PM

It all depends on whether or not the trademark owner defends his trademark. He can send a cease and desist letter, he can also get the domains from you. He could also take action in court and sue for damages. All depends on what he/she wants to do.

You should not register trademarks unless of course, you have permission from the holder of the trademark.

SoEasyMoney · 10-24-2009, 08:37 PM

Thanks guys, I'll try a different angle!

David Wolfman · 10-25-2009, 08:02 AM

I recently tried to set up a fan site for one of the cartoon characters and contacted the studio for permissions to use some graphics not mentioning the name of the character. Of course they replied they need to protect their branded names and that they cooperate only with chosen companies to assure quality and protect the image of the company.

I still could use some images under fair usage policy but the cartoon name is trademarked so I can't use it in a domain name. I have read about cease and desist cases so I'd rather avoid it at all cost.

jimkirk1943 · 10-25-2009, 08:09 AM

Just do a search and see if anybody else is using the name if so you`ll be ok

Scott Ames · 10-25-2009, 08:18 AM

Trouble , maybe. Depends on how aggressive the trade name owner protects the name. Then too, if you are an affiliate of theirs, promoting their products, they may not be in such a hurry to stop you. I know I wouldn't until you started using them for my competition, then the lawyers would appear.

Jillian Slack · 10-25-2009, 09:47 AM

I would agree with those who said to avoid using a trademarked name in your URL or product's name.

Of course, I'm not an attorney so this is just my opinion as a regular, run-of-the mill citizen.

I do know that a lot of companies have staff members who do nothing but search online for such things and then demand that they be deleted.

You might be able to get away with it, but I sure would not want to devote the time, energy, money, etc., into a project knowing that it might all come tumbling down at any moment.

Depends on how aggressive the owner of the trademarked name is.

Once I put several M&Ms collectibles up for sale on eBay and, that very same day, the legal team from M&M/Mars contacted me and demanded that I remove the auctions because I had used their trademarked name.

How in the world do they think you can sell an M&M wristwatch, hat, etc., in an auction without using the name of the candy???

So they are definitely out there, watching for this type of thing. Just depends on how large the company is or whether they can afford to have someone on staff looking for you. Or they might have their name set up in Google Alerts to be notified quickly.

10-24-2009, 08:07 PM	#1
SoEasyMoney Senior Warrior Member War Room Member Join Date: Sep 2007 Location: USA Posts: 1,056 Thanks: 267 Thanked 68 Times in 62 Posts	Will I Get In Trouble With This Domain Name? I ran across a very good nice today while watching TV. There are about 10 very keyword rich .com domain names available. However, each domain includes the trade marked name and then the toy name---example: webkinspony.com and webkinscat.com and webkinsbear.com etc.............. so......will I get in trouble if I register these domains? Thanks in advance for the advice.

10-24-2009, 08:13 PM	#2
Tsnyder Wordsmith War Room Member Join Date: Jul 2003 Location: , , USA. Posts: 2,530 Thanks: 260 Thanked 621 Times in 320 Posts Social Networking Contact Info	Re: Will I Get In Trouble With This Domain Name? The short answer is probably but the forum wouldn't let me say just that
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10-24-2009, 08:19 PM	#3
SoEasyMoney Senior Warrior Member War Room Member Join Date: Sep 2007 Location: USA Posts: 1,056 Thanks: 267 Thanked 68 Times in 62 Posts	Re: Will I Get In Trouble With This Domain Name? Thanks T. My gut tells me that I will get in trouble. But, anyone else care to weigh in on this?

10-24-2009, 08:25 PM	#4
James Schramko Senior Warrior Member War Room Member Join Date: Apr 2006 Location: Sydney, Australia. Posts: 3,223 Thanks: 133 Thanked 422 Times in 199 Posts Social Networking	Re: Will I Get In Trouble With This Domain Name? avoid trademark domains. Unless you have permission you will usually be sent a letter demanding you cease using it.
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10-24-2009, 08:31 PM	#5
sbucciarel Suzanne War Room Member Join Date: Jan 2007 Location: Virginia, USA. Posts: 10,673 Blog Entries: 1 Thanks: 1,215 Thanked 4,066 Times in 2,273 Posts	Re: Will I Get In Trouble With This Domain Name? It all depends on whether or not the trademark owner defends his trademark. He can send a cease and desist letter, he can also get the domains from you. He could also take action in court and sue for damages. All depends on what he/she wants to do. You should not register trademarks unless of course, you have permission from the holder of the trademark.
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10-24-2009, 08:37 PM	#6
SoEasyMoney Senior Warrior Member War Room Member Join Date: Sep 2007 Location: USA Posts: 1,056 Thanks: 267 Thanked 68 Times in 62 Posts	Re: Will I Get In Trouble With This Domain Name? Thanks guys, I'll try a different angle!

10-25-2009, 08:02 AM	#7
David Wolfman HyperActive Warrior War Room Member Join Date: Oct 2009 Location: Midlands, UK Posts: 206 Thanks: 14 Thanked 16 Times in 16 Posts	Re: Will I Get In Trouble With This Domain Name? I recently tried to set up a fan site for one of the cartoon characters and contacted the studio for permissions to use some graphics not mentioning the name of the character. Of course they replied they need to protect their branded names and that they cooperate only with chosen companies to assure quality and protect the image of the company. I still could use some images under fair usage policy but the cartoon name is trademarked so I can't use it in a domain name. I have read about cease and desist cases so I'd rather avoid it at all cost.
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10-25-2009, 08:09 AM	#8
jimkirk1943 Pum yaak bpai Pattaya NOW War Room Member Join Date: May 2009 Posts: 832 Thanks: 195 Thanked 31 Times in 23 Posts	Re: Will I Get In Trouble With This Domain Name? Just do a search and see if anybody else is using the name if so you`ll be ok

10-25-2009, 08:18 AM	#9
Scott Ames Senior Warrior Member War Room Member Join Date: Jun 2006 Location: West of Rockies Posts: 5,556 Thanks: 363 Thanked 665 Times in 325 Posts	Re: Will I Get In Trouble With This Domain Name? Trouble , maybe. Depends on how aggressive the trade name owner protects the name. Then too, if you are an affiliate of theirs, promoting their products, they may not be in such a hurry to stop you. I know I wouldn't until you started using them for my competition, then the lawyers would appear.
	Action is the foundational key to all success. - Pablo Picasso

10-25-2009, 09:47 AM	#10
Jillian Slack Advanced Warrior War Room Member Join Date: May 2007 Location: Missouri, USA Posts: 714 Thanks: 24 Thanked 94 Times in 62 Posts	Re: Will I Get In Trouble With This Domain Name? I would agree with those who said to avoid using a trademarked name in your URL or product's name. Of course, I'm not an attorney so this is just my opinion as a regular, run-of-the mill citizen. I do know that a lot of companies have staff members who do nothing but search online for such things and then demand that they be deleted. You might be able to get away with it, but I sure would not want to devote the time, energy, money, etc., into a project knowing that it might all come tumbling down at any moment. Depends on how aggressive the owner of the trademarked name is. Once I put several M&Ms collectibles up for sale on eBay and, that very same day, the legal team from M&M/Mars contacted me and demanded that I remove the auctions because I had used their trademarked name. How in the world do they think you can sell an M&M wristwatch, hat, etc., in an auction without using the name of the candy??? So they are definitely out there, watching for this type of thing. Just depends on how large the company is or whether they can afford to have someone on staff looking for you. Or they might have their name set up in Google Alerts to be notified quickly.