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Advice on registering a domain that is a brand name (not owned by me)

by satrap
8 replies
I need some legal advice and information. Here is what I am planing to do:

I have fund a product on amazon which I want to set up a few page website to promote. Its one of those long named products like "Great Brand G682 Rechargeable Name".

Checked with Google adwords keyword tool and the keyword gets a good monthly search volume. The domain for the exact product name is available.

I have checked other things like competition and etc as well, and its all good.

Is "Great Brand G682 Rechargeable Name", considered brand as well? Or its a brand name when its just Great Brand and not the different styles and numbers and etc of the main brand?

Would I get into a lot of trouble if I use this domain? What are the consequences of registering a brand as your domain name? I mean if it is one of those situations where if they find out about it, they send you a latter asking to turn it over to the company, I wouldn't mind giving it up. There is a lot of potential with this keyword. But, I dont want it to be a big trouble maker. Any feedback would be greatly appreciated. Thank you guys.
#advice #brand #domain #owned #registering
  • Profile picture of the author Kevin_Hutto
    Most times they just send you a letter telling you to take it down... The big problem is that you are building and working on a site that is doomed to fail if you get any serious traction...
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  • Profile picture of the author Peter.J
    DANGER WILL ROBINSON DANGER......in most cases the product has right protection, the name has right protection and generally the whole package is copyright, patented with all the bells and whistles.
    You could ask for permission, but highly unlikely it would be granted. If you selling the product you may perhaps have a chance but I would not count on it.

    To be safe avoid it, and save yourself the hassles of dealing with legal issues.
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  • Profile picture of the author CliveG
    Originally Posted by satrap View Post

    I need some legal advice ....
    You are quite right. This is probably not the best place to get it though.

    My non-legal view is that you might be playing with fire and therefore could get burnt. Pesonally, I would not do it.

    CliveG
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  • Profile picture of the author sbucciarel
    Banned
    You can lose the site or could even get sued for using a trademark. All depends on what the company wants to do. It doesn't matter how many other words you dilute it with, using the trademark in your url can get you into trouble.
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    • Profile picture of the author Kay King
      Would I get into a lot of trouble if I use this domain?
      So - you know it's not ok...but wonder if you will get caught?:rolleyes:

      If using a trademarked name became acceptable by adding a word or two to the domain - what would be the point of registering a trademark?

      One thing you might not be considering. Often the "competition" for such names looks very low and you think you've found a goldmine.

      However, the competition is often low for trademarks because people aren't allowed to use them. Some companies will contact you right after you register the domain - others will ignore you until your site begins to get traffic. Waste of time and unnecessary risk (IANAL)

      If the worst should happen (unlikely but possible, I suppose) telling the judge "someone on the WF said it was OK" probably won't be a great defense.

      kay
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      • Profile picture of the author satrap
        Thank you guy. I really really appreciate your help. Reading what you guys had to say and from my own research else where, I think I am going to contact them, and ask for permission. If I get it, then great, if not, I think its best to forget about it and not use the brand in the domain.



        What do you guys recommend, as far as the domain is concerned? Should I juts go for a generic domain, even if I am just using it to promote that one product?
        Thank you all in advance.





        Originally Posted by Kay King View Post

        So - you know it's not ok...but wonder if you will get caught?
        Sorry, I have to say this:
        When did I say, I am going to do this, but just dont want to get caught, so I need help. Why some of you guys are just waiting to bash someone? I am simply asking about something that I know next to nothing about.


        If using a trademarked name became acceptable by adding a word or two to the domain - what would be the point of registering a trademark?
        Perhaps you misunderstood my question, I am not asking if I could add add any word(s), I was asking about using a specific product using the whole name, like say " Braun Series 790cc Pulsonic Shaver", making it to BraunSeries790ccPulsonicShaver.com.

        But then again, you kind of answered another question I have. I am just not clear. Can the name be used in other ways, like say if the brand is "Braun", would the same apply if I used something like "BuyBraun.com", Or something like BraunShavers.com,BraunElectricShavers.com and names like that...?


        One thing you might not be considering. Often the "competition" for such names looks very low and you think you've found a goldmine.

        However, the competition is often low for trademarks because people aren't allowed to use them. Some companies will contact you right after you register the domain - others will ignore you until your site begins to get traffic. Waste of time and unnecessary risk (IANAL)

        kay
        Thank you very much for pointing this out. While researching, I came across many examples like this, and I was wondering why there are not much competition for them, even though they get a fair amount of monthly search volume, but wasn't exactly sure. Thank you very much for explaining it. I think newbies like myself should take note and remember this point.

        I really appreciate all of you guys taking the time to explain this issue. If anyone else has anything to add, please feel free to do so. Thank you very much all.
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