Would Yahoo Come After Me?

[Terry Brazil]

As some of you may know I have an up coming product about using answer sites for marketing. After spending a little time on nichebotclassic.com I found that the most commonly searched for term in this industry is Yahoo Answers. Kind of obvious right?

So my question is this.

Do you think Yahoo would come after me if I got a domain with YahooAnswers in it? I know this could be a possibility but dont have much experience in buying domains with brand names in them.

Any suggestions on how to get around this?

Thanks

[Clare Moser]

Yes they could come after for using their trademarked name. Will they come after you? Probably not. I wouldn't risk it though.

[Terry Brazil]

I am just kind of eerie about doing anything like this however I don't really see many searches for any other terms.

A few years back I was going to have a Social Networking seminar (Social Networking Unleashed) when Web 2.0 was the big thing.

I made the mistake of using Myspace in my marketing approach. It took about a week for MySpace to catch wind of it and I received a nice little call from one of their lawyers.

To say the least it scared the crap out of my and I canceled the teleseminar. I should of simply changed some stuff around and kept on going. It is a mistake I am still kicking myself in the rear for years later.

Ever since I have been weary about choosing domains and names for products

[Richard Tunnah]

Terry...Yes and especially if they think you're getting financial gain from using their trademark in a domain. Really not worth the hassle. You'll only lose $10 (the cost of the domain). Learnt my lesson a few years back when I had a ebay forum with an ebay domain name. Go a C&D from ebay emailed to me with a rather strong worded email.


Rich

[Terry Brazil]

Thanks for the help and advice guys. Went the safe way and got a decent domain that does not use Yahoo in it

I would agree with the other post .. really not worth it when you are talking about a major company. If you are making a profit off their backs then sooner or later they will come knocking.

James

[GarrieWilson]

Call it:

AnswerProfits.com

[write-stuff]

The worst that would happen would be a cease and desist order. But then you'd have to change the name and find yourself back at square one. Better to start out with a less "dangerous" name to begin with.

[LB]

The worst that would happen would be a cease and desist order.

Why do people think this?

C&Ds are not needed before suit is filed. The first notice you get can be a lawsuit.

If you are making clear financial gain from another's TM then the likelihood of a suit increases.

C&Ds are the least that can happen...not the worst.

Why gamble? Just call it something else.

[Terry Brazil]

I ended up going a little broad and picked up answersitemarketing.com with the hopes that people searching for marketing on answer sites will end up at my front door.

I really wanted to snag up yahooanswersmarketing.com but like most have said they probably would of wanted me to take it down. I am not really worried about loosing the $10 for the domain name. However I would be a little bummed to loose all of my back links and have to start my seo all over again.

It has been awhile since I have done anything in the IM niche and I have to say it is rather exciting. I even went and did my own graphic work this time instead of outsourcing. However I do not see it being as profitable as some of my other niches. They treat me rather well

I have just been aching to share some of the cool stuff I have learned from marketing my products that are in other niches. Who knows I just might have to share some of my forum marketing secrets in the near future.

Originally Posted by write-stuff

The worst that would happen would be a cease and desist order. But then you'd have to change the name and find yourself back at square one. Better to start out with a less "dangerous" name to begin with.

Actually worse than that can happen when we are talking about a trademarked name. About 7 years ago (estimated) someone thought they would be smart and use a domain name with "Harley" in it and they sold HarleyDavidson Parts and Accessories.

After the site started producing income it was not long before the big boys came and took the name, shut down the business and took the person to court for damages. Needless to say HarleyDavidson won.

Thats the long story made short version..

James

[Dan Grossman]

It's not just the worst that could happen, Yahoo! would definitely go after you. In the United States, if you don't actively enforce your trademark against infringers, you lose rights to the mark. That's why every major corporation that holds trademarks has a dedicated legal department that spends part of its time seeking out infringers, or they hire a company that specializes in it.

There are companies, used by Google and Yahoo! and hundreds of other corporations, whose only job is to check new domain registrations every day for their clients' trademarks and send the C&D orders on behalf of those companies. If you don't turn over the domain, they'll dispute it with ICANN to have the registrar forceably transfer the registration, and if that fails, they'll bring it to court.

Unless your site very, very clearly falls into a non-infringing exemption (obvious non-commercial parody sites, for example), and you're willing to fight that angle if the trademark holder disagrees (as the *****sucks.com domain owners have had to spend money and time doing), get permission or don't use a big company's trademark in your domain.

[write-stuff]

You guys are absolutely correct. If you've been earning income arguably off someone else's trademark, the lawsuit could be the first you hear of it. However, in most cases where the issue of infringement isn't perfectly cut and dried (and would require a lengthy battle to prove), the more common first word is the cease and desist. They want you to stop, and want you to do it with the least expenditure possible. Not likely they'll go straight for the lawsuit unless there is a good chance of recovering damages from you.

And as we all agree, why not start with something less troublesome to begin with?

[Terry Brazil]

Great post Dan. It really sheds some light on what I was wondering about. You hit the nail on the head and cleared everything up for me. However we all have to keep in mind that it not only pertains to domain names but also product names.

Hell in some cases I guess you don't have to do anything more than mention the companies name on your sales page. That is what happened with me and my seminar. MySpace was not in the domain name or in the title of the seminar. It just referred to them a few times and they came after me. I never got a cease and desist order they just threatened a lawsuit if I did not take it down within 24 hours.

Originally Posted by Dan Grossman

It's not just the worst that could happen, Yahoo! would definitely go after you. In the United States, if you don't actively enforce your trademark against infringers, you lose rights to the mark. That's why every major corporation that holds trademarks has a dedicated legal department that spends part of its time seeking out infringers, or they hire a company that specializes in it.

There are companies, used by Google and Yahoo! and hundreds of other corporations, whose only job is to check new domain registrations every day for their clients' trademarks and send the C&D orders on behalf of those companies. If you don't turn over the domain, they'll dispute it with ICANN to have the registrar forceably transfer the registration, and if that fails, they'll bring it to court.

Unless your site very, very clearly falls into a non-infringing exemption (obvious non-commercial parody sites, for example), and you're willing to fight that angle if the trademark holder disagrees (as the *****sucks.com domain owners have had to spend money and time doing), get permission or don't use a big company's trademark in your domain.

Does this mean the domain name below to sell software (software industry) would get me in trouble ..

BillGates-Winblows-MicroSuck-Software-Suck-Buy-Steve-Jobs-Apple.com



Seriously though Terry .. Just Say "NO" don't do it ...

James

[Terry Brazil]

Nice post James gave me a chuckle. You don't have to worry like I said I already grabbed answersitemarketing.com. But don't think that I will miss out on the search engine juice from people searching for yahoo answers. I have a dirty little trick up my sleeve (as usual). I will just hit them where they cannot go after me. In the images. lol

[Floyd Fisher]

Originally Posted by Terry Brazil

As some of you may know I have an up coming product about using answer sites for marketing. After spending a little time on nichebotclassic.com I found that the most commonly searched for term in this industry is Yahoo Answers. Kind of obvious right?

So my question is this.

Do you think Yahoo would come after me if I got a domain with YahooAnswers in it? I know this could be a possibility but dont have much experience in buying domains with brand names in them.

Any suggestions on how to get around this?

Thanks

I'd have to say more than likely, yes.

But really, only a lawyer can tell you for sure.

Originally Posted by Terry Brazil

Nice post James gave me a chuckle. You don't have to worry like I said I already grabbed answersitemarketing.com. But don't think that I will miss out on the search engine juice from people searching for yahoo answers. I have a dirty little trick up my sleeve (as usual). I will just hit them where they cannot go after me. In the images. lol

Glad you liked it ...

Keep us informed on your progress..

James

[Terry Brazil]

I will be sure to do so. I am writing the sales page and helping a fellow warrior as we speak. The WSO should be up in the next day or so.

[Andrew Stevens]

About 3 or 4 years ago I had a domain with the word ebay in it. It wasn't long before I got a letter from a lawfirm basically saying give up the domain or they will make my life "not so good". Basically I just never responded to them, never built the website up, and let the domain expire. That's one of many things that has led to me wishing another company would outshine ebay. Anyway, I wouldn't use corporation names in your domain names or they will eventually bust you out and then any work you put into the website would have been a waste.

[tj]

Here is your answer:

Permissions

If you are seeking permission to use Yahoo! trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact the permission requests department...

Yahoo! Inc. - Permissions Requests

Only there you will get the answer you need for your business decision.

Timo

[Terry Brazil]

Good answer TJ. I should go and send them an email just to see what they would say even though I already know the answer.

[Terry Brazil]

Originally Posted by TheRichJerksNet

Glad you liked it ...

Keep us informed on your progress..

James

Everything is up and running now James. You can see the WSO in my sig and the site that I mentioned earlier has my first draft of the sales page.

Progress so far? Well lets say so far so good. Although I think I posted my WSO at the wrong time of the day. It has only been 4 hours or so and it is getting close to the middle of the 1st page.

Maybe I should of waited until 8 - 9am on the west coast.

[ExRat]

Hi Terry,

Who knows I just might have to share some of my forum marketing secrets in the near future.

You already did