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Any trouble with brand domain?

by t3ch
10 replies
Hi fellow warriors,

I am wondering if we have brand names in our domain we will be in trouble? summons, reports, etc? Anyone have this kind of experience?

Example: RAYBANCLUBMASTER.ORG

thanks
#brand #domain #trouble
  • Profile picture of the author Danny Cutts
    I would not recommend it to anybody whats the point?

    Danny
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  • Profile picture of the author t3ch
    yeah, thanks for the advise. I have seen this kind of domain in the serps and wonderin is it is legal...
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    Cara untuk kurus

    Slim Diet 2
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  • Profile picture of the author Danny Cutts
    You may get away with it for years but then if you dont all that hard work and it will all be wasted.

    Try and do things by the book its just simply not worth risking what you have built over the years to screw it up

    Danny
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  • Profile picture of the author mywebwork
    There have been quite a few posts lately about this very issue, the most recent one yesterday.

    Once again the answer is always the same - don't do it! While the incentive may be to create a site to promote the manufacturers products and you may indeed seeing this as doing them a "favor" in actual fact you are portraying yourself as their representative when in actual fact you are not.

    Most companies have a policy about the use of their name within a domain name, and many have this information on their site. You could always contact them if you're unsure, or simply err on the side of caution and just don't do it.

    If you want to use a brand name consider getting a more generic name and creating subdomains or subdirectories with the name - that practice is generally acceptable.

    Remember, these companies all have one thing in common - they can afford better lawyers than you can!

    Bill
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  • Profile picture of the author knowwow
    If I were to judge (or at ICANN committee or whatever) I would likely let people hold on to domains like dellrepairshop.com, googleanalyticshelp.com or myspacecomments.com... all of which would most definitely could be taken away from you at the will of those brand owners (I believe the last one is a real case).

    Brand owners approach the situation in different ways. Wordpress owners for instance "request" you to use "WP" in your domain instead of "wordpress"... Recently Apple got someone convicted for registering domains to the likes of iphonebatteries.info (can't remember exact ones.) There is a site up called facebookinsider.com (perhaps they got it approved) but you can be sure that they will get it from you if you operate some site under the name "facebookadvertising.com).

    General advice: it isn't worth the risk.

    PS: I guess I echoed some of Bill's thoughts here. Had this thread on a tab for a while, sorry about that.
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  • Profile picture of the author Rob Barbour
    I own many thousands of domains and I'll echo what everyone else said - do not do it.

    Just so you understand what can (and probably will happen) if you use a TM domain:
    1. Cease and desist letter arrives (sometimes it just ends here if you turn over the domain to them)
    2. Court date is set - min $10k fine if found guilty, but can be in the millions

    Search for US trademarks here: United States Patent and Trademark Office

    One final note - you still get in trouble by using trademarked terms in your meta tags or title text, so be very careful. Most companies won't bother you, but Walmart and a handful of other big boys are well known for filing legal complaints to site owners.
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    • Profile picture of the author knowwow
      Originally Posted by Rob Barbour View Post

      One final note - you still get in trouble by using trademarked terms in your meta tags or title text, so be very careful. Most companies won't bother you, but Walmart and a handful of other big boys are well known for filing legal complaints to site owners.
      Seriously?
      I hope there haven't been any cases where they went to court and won.

      The way I see it, it is totally appropriate (and lawful) to put "ipod cases" in your title text and meta tags if you are in that market (couldn't find an example about walmart)... You should also be able to write a review about a company or its products (a negative one if that's the case). I hope there aren't examplary cases because that'd eventually come cross the right to speech.

      -Necati
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