domain name mistake!

monitorit · 10-27-2009, 09:49 AM

I think i have made a big mistake today. I have bought a domain that contains a trademark. I thought it was ok to buy say (trademark)dogleads.com however im assured it can lead to big fines.

Has anyone had any experiance in this field?

Kevingators · 10-27-2009, 10:00 AM

I wouldn't recommend using it at all, if it is trademarked. It could lead to some serious issues down the road.

Kevin

Gene Pimentel · 10-27-2009, 10:04 AM

Trademarks are created for a reason. To prevent others from using that term. Here is some good info: Domain Names and Trademarks FAQ - Free Legal Information - Nolo

nitin22 · 10-27-2009, 10:06 AM

If the trademark is registered for your country, then you stand no chance. If trademark is for some other country, then you can contest at WIPO and depending upon follow up you stand a chance to win it.

monitorit · 10-27-2009, 10:14 AM

I thought if the domain was for sale it would be fine? So basically if i want doglead.com and its taken then i would have to settle for dogleaduk.com or whatever and that is the best i could get for seo purposes without using the trademark.

Gene Pimentel · 10-27-2009, 10:16 AM

It's important to understand that Trademarks are protected only within the industry it is registered for. For example, "Windows" is a registered Trademark. But if your company sells and installs windows (the glass kind), you would have no problem with a website offering this product, with a domain like "windows-sales.com". Just don't try to sell anything software related with that domain name.

This is not legal advice -- just my personal opinion and understanding.

talfighel · 10-27-2009, 10:17 AM

I would not mess with trademark at all. I suggest that you email the company that you registered with for the domain name and tell them about this.

Even call them up if you need to.

Tal

pbcustom98 · 10-27-2009, 10:58 AM

i would suggest not even using it.

you can try to sell the domain to a company though.

Richard Tunnah · 10-27-2009, 11:06 AM

Quote:

Originally Posted by pbcustom98

i would suggest not even using it.

you can try to sell the domain to a company though.

If you are suggesting he sells his domain to the trademark owner that would be a bad move with a capital 'b'! The company could then sue him for trying to make profit from their trademark!

Rich

policy · 10-27-2009, 11:13 AM

Most likely the owner of the trademark will snatch the domain from you, rather than issue fines.

I don't think you want to put a lot of work into something that can potentially be taken from you like candy taken from a baby.

I recommend you register a new domain, do a trademark search if you have to (google search trademark and you will find the site).

Also let me point something else out, say you were to contact them and they said it was fine for you to register the trademarked domain...later on that could haunt you, so I would say: Just stay away from trademarked domains.

Dan C. Rinnert · 10-27-2009, 11:52 AM

Gene's right. Trademarks (generally) only apply to certain niches.

Thus, you can have Champion Windows, Champion Sportswear, Champion Spark Plug, etc. Few people are going to confuse Champion Windows with Champion Sportswear.

So, if the trademark you have found is in a different niche than Dog Leads (or whatever your actual niche is), then you may be okay. But, some trademarks are so well known or unique, that it could pose a problem. For example, you might get away with Apple Dog Leads or Amazon Dog Leads, but probably not Xerox Dog Leads. It does depend, to an extent, on the uniqueness of the term. A common word (apple, champion, etc.) is less likely to be an issue (so long as the niche is different) than a less common word, especially a word that may be made up.

Of course, your best bet is to ask an attorney. But, to an extent, you can use common sense. If it is an otherwise generic word, in a different niche or industry and not confusingly similar to the trademark in question, you may be okay. But, no one, besides a lawyer, can give you a definitive answer based on the info provided.

Elmer Hurlstone · 10-27-2009, 12:23 PM

Quote:

Originally Posted by monitorit

I thought if the domain was for sale it would be fine? So basically if i want doglead.com and its taken then i would have to settle for dogleaduk.com or whatever and that is the best i could get for seo purposes without using the trademark.

There are many things available for sale on and off the internet which aren't necessarily legal.

More than once law enforcement agencies have arrested people for selling stolen goods on auction sites and general classified listing sites.

Online and specific to your situation domain registrars are concerned only if the set of characters you choose for a domain are not currently registered to another.

They are not in the business of making legal judgments or invoking morality. It's not their job.

Both Gene and Dan made valid points based on years of experience. You'll note they also qualified their comments as personal observations and not legal definitions.

As has been said many times before, don't ASSUME. Anything.

Elmer

monitorit · 10-27-2009, 01:10 PM

obviousely dogleads.com will be taken so would you just go as far haveing dogleads as part of the domain for seo purposes?

sbucciarel · 10-27-2009, 01:16 PM

I'm pretty sure that the domain is in exactly the same niche as the trademark. If you registered it at Godaddy, call them up today and cancel it. They will refund you. I don't know what the other registrars will do. Otherwise, if they don't refund, just delete the domain ... will keep you out of trouble. You won't get fines but will most likely get a cease and desist notice and they can take the trademark from you. Best not to register trademarked names.

Amanda_Davis · 10-27-2009, 01:58 PM

You don't know whether the company (which owns the trademark) will care.

They may well be happy to have you promoting them if they have an affiliate program.

If you're going to dump it anyway, you could contact them first and be up front about it and show them you mean them no harm.

Just look at the number of people that register names like "mass-control-bonus.com" and yet Frank Kern (etc) are happy to let them promote the product as long as they do it in a legitimate way.

You have to be careful not to make it look like you ARE the company... just recommending their products.

This has worked for me many times - let me know if you want more info

monitorit · 10-27-2009, 02:33 PM

id rsther not take the chance as said above the comant might just agree but when the site is established they could take it away from me.

tunukwa · 10-27-2009, 02:41 PM

Hey the sky is not falling. Just get another domain and don't use the one we are discussing. Simple, quick, easy..........

Tunukwa

10-27-2009, 09:49 AM	#1
monitorit Advanced Warrior Join Date: Apr 2008 Location: , , . Posts: 658 Thanks: 3 Thanked 9 Times in 9 Posts	domain name mistake! I think i have made a big mistake today. I have bought a domain that contains a trademark. I thought it was ok to buy say (trademark)dogleads.com however im assured it can lead to big fines. Has anyone had any experiance in this field?

10-27-2009, 10:00 AM	#2
Kevingators Active Warrior War Room Member Join Date: Sep 2009 Location: Ft Myers, FL Posts: 50 Thanks: 4 Thanked 5 Times in 5 Posts Social Networking	Re: domain name mistake! I wouldn't recommend using it at all, if it is trademarked. It could lead to some serious issues down the road. Kevin
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10-27-2009, 10:04 AM	#3
Gene Pimentel DomainProfitsClub.com War Room Member Join Date: Feb 2007 Location: Oswego, NY USA Posts: 2,990 Blog Entries: 1 Thanks: 946 Thanked 1,639 Times in 652 Posts Social Networking	Re: domain name mistake! Trademarks are created for a reason. To prevent others from using that term. Here is some good info: Domain Names and Trademarks FAQ - Free Legal Information - Nolo
	>>> Would You Like Hold-You-By-The-Hand Support From Successful Internet Marketers? >>> Sell MY domains as your own, and keep ALL the profit.

10-27-2009, 10:06 AM	#4
nitin22 HyperActive Warrior War Room Member Join Date: Apr 2009 Location: Cyber Land Posts: 142 Thanks: 19 Thanked 18 Times in 14 Posts Social Networking Contact Info	Re: domain name mistake! If the trademark is registered for your country, then you stand no chance. If trademark is for some other country, then you can contest at WIPO and depending upon follow up you stand a chance to win it.

10-27-2009, 10:14 AM	#5
monitorit Advanced Warrior Join Date: Apr 2008 Location: , , . Posts: 658 Thanks: 3 Thanked 9 Times in 9 Posts	Re: domain name mistake! I thought if the domain was for sale it would be fine? So basically if i want doglead.com and its taken then i would have to settle for dogleaduk.com or whatever and that is the best i could get for seo purposes without using the trademark.

10-27-2009, 10:16 AM	#6
Gene Pimentel DomainProfitsClub.com War Room Member Join Date: Feb 2007 Location: Oswego, NY USA Posts: 2,990 Blog Entries: 1 Thanks: 946 Thanked 1,639 Times in 652 Posts Social Networking	Re: domain name mistake! It's important to understand that Trademarks are protected only within the industry it is registered for. For example, "Windows" is a registered Trademark. But if your company sells and installs windows (the glass kind), you would have no problem with a website offering this product, with a domain like "windows-sales.com". Just don't try to sell anything software related with that domain name. This is not legal advice -- just my personal opinion and understanding.
	>>> Would You Like Hold-You-By-The-Hand Support From Successful Internet Marketers? >>> Sell MY domains as your own, and keep ALL the profit.

10-27-2009, 10:17 AM	#7
talfighel Senior Warrior Member War Room Member Join Date: Jan 2004 Location: Toronto, Canada. Posts: 2,716 Thanks: 53 Thanked 184 Times in 148 Posts Social Networking	Re: domain name mistake! I would not mess with trademark at all. I suggest that you email the company that you registered with for the domain name and tell them about this. Even call them up if you need to. Tal
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10-27-2009, 10:58 AM	#8
pbcustom98 Warrior Member War Room Member Join Date: Oct 2009 Posts: 15 Thanks: 0 Thanked 2 Times in 2 Posts Contact Info	Re: domain name mistake! i would suggest not even using it. you can try to sell the domain to a company though.

10-27-2009, 11:13 AM	#10
policy Active Warrior War Room Member Join Date: Jun 2009 Location: DeLand, Florida Posts: 69 Thanks: 46 Thanked 9 Times in 8 Posts	Re: domain name mistake! Most likely the owner of the trademark will snatch the domain from you, rather than issue fines. I don't think you want to put a lot of work into something that can potentially be taken from you like candy taken from a baby. I recommend you register a new domain, do a trademark search if you have to (google search trademark and you will find the site). Also let me point something else out, say you were to contact them and they said it was fine for you to register the trademarked domain...later on that could haunt you, so I would say: Just stay away from trademarked domains.

10-27-2009, 11:52 AM	#11
Dan C. Rinnert I have a lame list. War Room Member Join Date: Jul 2008 Location: One Second into the Future Posts: 4,246 Blog Entries: 1 Thanks: 806 Thanked 2,163 Times in 998 Posts Social Networking	Re: domain name mistake! Gene's right. Trademarks (generally) only apply to certain niches. Thus, you can have Champion Windows, Champion Sportswear, Champion Spark Plug, etc. Few people are going to confuse Champion Windows with Champion Sportswear. So, if the trademark you have found is in a different niche than Dog Leads (or whatever your actual niche is), then you may be okay. But, some trademarks are so well known or unique, that it could pose a problem. For example, you might get away with Apple Dog Leads or Amazon Dog Leads, but probably not Xerox Dog Leads. It does depend, to an extent, on the uniqueness of the term. A common word (apple, champion, etc.) is less likely to be an issue (so long as the niche is different) than a less common word, especially a word that may be made up. Of course, your best bet is to ask an attorney. But, to an extent, you can use common sense. If it is an otherwise generic word, in a different niche or industry and not confusingly similar to the trademark in question, you may be okay. But, no one, besides a lawyer, can give you a definitive answer based on the info provided.
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10-27-2009, 01:10 PM	#13
monitorit Advanced Warrior Join Date: Apr 2008 Location: , , . Posts: 658 Thanks: 3 Thanked 9 Times in 9 Posts	Re: domain name mistake! obviousely dogleads.com will be taken so would you just go as far haveing dogleads as part of the domain for seo purposes?

10-27-2009, 01:16 PM	#14
sbucciarel Suzanne War Room Member Join Date: Jan 2007 Location: Virginia, USA. Posts: 10,661 Blog Entries: 1 Thanks: 1,212 Thanked 4,059 Times in 2,270 Posts	Re: domain name mistake! I'm pretty sure that the domain is in exactly the same niche as the trademark. If you registered it at Godaddy, call them up today and cancel it. They will refund you. I don't know what the other registrars will do. Otherwise, if they don't refund, just delete the domain ... will keep you out of trouble. You won't get fines but will most likely get a cease and desist notice and they can take the trademark from you. Best not to register trademarked names.
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10-27-2009, 01:58 PM	#15
Amanda_Davis HyperActive Warrior War Room Member Join Date: Jan 2009 Posts: 349 Thanks: 0 Thanked 33 Times in 26 Posts Social Networking	Re: domain name mistake! You don't know whether the company (which owns the trademark) will care. They may well be happy to have you promoting them if they have an affiliate program. If you're going to dump it anyway, you could contact them first and be up front about it and show them you mean them no harm. Just look at the number of people that register names like "mass-control-bonus.com" and yet Frank Kern (etc) are happy to let them promote the product as long as they do it in a legitimate way. You have to be careful not to make it look like you ARE the company... just recommending their products. This has worked for me many times - let me know if you want more info
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10-27-2009, 02:33 PM	#16
monitorit Advanced Warrior Join Date: Apr 2008 Location: , , . Posts: 658 Thanks: 3 Thanked 9 Times in 9 Posts	Re: domain name mistake! id rsther not take the chance as said above the comant might just agree but when the site is established they could take it away from me.

10-27-2009, 02:41 PM	#17
tunukwa Warrior Member Join Date: Oct 2009 Posts: 11 Thanks: 3 Thanked 0 Times in 0 Posts	Re: domain name mistake! Hey the sky is not falling. Just get another domain and don't use the one we are discussing. Simple, quick, easy.......... Tunukwa