by Orator
26 replies
I was just curious if anyone could advise me on the copyright issue regarding something. If I was promoting a hyperthetical Amazon product, let's say "Zuma Elite Handbag 5"

If I bought the domain zumaelitehandbag5.com am I violating any copyright laws?

Thanks folks.
#copyright #issue
  • Profile picture of the author Tony Dean
    Depends whether that is a registered trade name or not.
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  • Profile picture of the author Orator
    Anyway to check?
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  • Profile picture of the author Josh Anderson
    Violating trademark laws... not copyright laws.

    To know whether you violate trademarks or not:

    1. Contact the trademark owner and ask them

    2. Search the USPTO trademark database for live trademarks using the name that you want in your domain.

    3. Consult an attorney.

    Originally Posted by Orator View Post

    I was just curious if anyone could advise me on the copyright issue regarding something. If I was promoting a hyperthetical Amazon product, let's say "Zuma Elite Handbag 5"

    If I bought the domain zumaelitehandbag5.com am I violating any copyright laws?

    Thanks folks.
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  • Profile picture of the author Guigo
    It's usually one law: "First come, first serve".

    .COM domains have always been topic of speculations and a huge market, so if your desired domain is free and brand owner didn't buy it - go for it.
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    • Profile picture of the author kindsvater
      Originally Posted by Guigo View Post

      It's usually one law: "First come, first serve".

      .COM domains have always been topic of speculations and a huge market, so if your desired domain is free and brand owner didn't buy it - go for it.
      This is completely incorrect.
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      • Profile picture of the author Guigo
        I must admit, i haven't followed the .com domain rules for a while

        Is it true - you can't register other trademark than yours?..

        And if one has registered, what should and can do the owner of brand?
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      • Profile picture of the author Orator
        Originally Posted by kindsvater View Post

        This is completely incorrect.

        If I were to modify the domain by adding review at the end. I still get the benefit of the keyword in the domain, but shouldn't that protect me from any trademark issues?
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        • Profile picture of the author sbucciarel
          Banned
          Originally Posted by Orator View Post

          If I were to modify the domain by adding review at the end. I still get the benefit of the keyword in the domain, but shouldn't that protect me from any trademark issues?
          Modifying it won't matter. If you want to spare yourself the possibility of legal hassles, don't register trademarked domains. There are some occasions where it's ok and many where it is not. They can take the domain from you or even sue you if they want to, if they hold the trademark and they pursue it. Not worth the hassle.
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          • Profile picture of the author Orator
            Originally Posted by sbucciarel View Post

            Modifying it won't matter. If you want to spare yourself the possibility of legal hassles, don't register trademarked domains. There are some occasions where it's ok and many where it is not. They can take the domain from you or even sue you if they want to, if they hold the trademark and they pursue it. Not worth the hassle.

            Right.. when two senior members tell me it's time to change my plans, I suppose it's time to change my plans. I suppose I'm just going to have to aim for something generic, and then just be more aggressive with my backlinking.

            No sense in getting in a legal battle over a bloody 4% commission.
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            • Profile picture of the author Guigo
              Hey, don't give up that easy!

              You can always buy a domain and make a blog under it.

              And if someone shows up, you send them back to hell saying you're just blogging about their brand, not cybersquatting
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              • Profile picture of the author Doug Wakefield
                Then you get sent a DCMA notice and possibly a lawsuit. I would avoid his advise at all costs. If they are aggressive about protecting the trademark, they are going to end up with the domain. It has nothing to do with ripping off a domain or being nice, its about business and law.

                You can avoid the domain and try to promote the product in other ways.

                You can do some research including opening communication with the owner of the trademark about the use of the domain.

                You can set up the website anyways knowing that they may come knocking for it later on.

                Originally Posted by Guigo View Post

                Hey, don't give up that easy!

                You can always buy a domain and make a blog under it.

                And if someone shows up, you send them back to hell saying you're just blogging about their brand, not cybersquatting
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            • Profile picture of the author Guigo
              P.S. and if you're blogging the real deal, before brutally taking away your domain, consider two more better options:

              - brand owned appreciates your job at selling / promoting its products, and offers an acquisition deal

              - brand owned appreciates your job at selling / promoting its products, and simply offers you a nice paycheck to buy your domain

              I don't think everybody will try to rip you off your domain, there are more polite options these days. Peace!
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              • Profile picture of the author davezan
                Originally Posted by Guigo View Post

                Hey, don't give up that easy!

                You can always buy a domain and make a blog under it.

                And if someone shows up, you send them back to hell saying you're just blogging about their brand, not cybersquatting
                Originally Posted by Guigo View Post

                P.S. and if you're blogging the real deal, before brutally taking away your domain, consider two more better options:

                - brand owned appreciates your job at selling / promoting its products, and offers an acquisition deal

                - brand owned appreciates your job at selling / promoting its products, and simply offers you a nice paycheck to buy your domain

                I don't think everybody will try to rip you off your domain, there are more polite options these days. Peace!
                Guigo,

                While one may be doing something that, ideally, benefits the trademark holder
                for whatever reason, that trademark holder will solely decide how to maximize
                getting the most out of their hardwork. Unless they consent to do what you'll
                do, you risk losing your hardwork for nothing.

                Unfortunately, there are also unreasonable parties out there who might have
                the law on their side. You don't want to get on their bad side, even if you feel
                you're in the right, unless you're prepared to handle it.

                Ultimately, it depends on who you're dealing with.
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                David

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  • Profile picture of the author tonydbaker
    I always avoid trademarks in a domain name unless the trademark is extremely diluted (meaning the trademark owner has failed to defend their trademark)

    For instance: Pepsitown.tld (no way) Freewaretown.tld (way) Netbooktown.tld (way) HooverTown.tld (way)

    This is not legal advice. Just something I consider.

    - Tony
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  • Profile picture of the author Orator
    If I was being honest I don't think that these companies would really go after me for simply running a site that would be generating them a lot of sales, but the potential does exist.

    Since it does, it would be stupid to build a series of websites on a fundamentally unshaky legal ground. It's not like I'm going to war against the big affiliates out there, most of these niches have very low competition.

    It would have just been nice to be able to use the product name.
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  • Profile picture of the author A P Geofrey
    I would say it loud and clear and in a single sentence:

    Stay away from the a trade mark name.
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  • Profile picture of the author gmscreative
    **********
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    • Profile picture of the author Orator
      Originally Posted by gmscreative View Post

      I think the jurisdiction in which the copyright was taken out also comes into play here. For example, if company A's product was trademarked in USA, then that trademark/copyright might not apply to Australia or Norway or the like.

      Still, do you really want to play the law game? It might mean a short-term hit to traffic with google, but ultimately it'll mean less headaches.
      Big corporations play the "law game", little marketers like me get steam rolled. I've decided to just avoid the issue, thanks for the warriors for their opinions.
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  • Profile picture of the author Johnclave
    I think copyright in a work protected under this title vests initially in the author or authors of the work and The authors of a joint work are co-owners of copyright in the work and ownership of a copyright, or of any of the exclusive rights under a copyright,
    is distinct from ownership of any material object in which the work is embodied.
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  • Profile picture of the author venturer
    I believe you can check trademark names via www[dot]uspto[dot]gov

    If you choose to go with tradmark name .. just be ready to receive a letter from an attorney.

    It is interesting even though the affiliate site might be generating sales for them .... some company don't want to be misrepresented and confused with their branding.

    I've encountered one episode where i was asked to shut down my site and transfer the domain over.

    Hope this helps you to be aware of what may come your way if you choose to use trademark in your domain name.
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  • Profile picture of the author Josh Anderson
    This thread is another great reminder why you don't go to a forum for legal advice.

    A really good example.
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    • Profile picture of the author TrekkieGrrrl
      Originally Posted by Josh Anderson View Post

      This thread is another great reminder why you don't go to a forum for legal advice.

      A really good example.
      Yeah, really.

      I wonder if someone gets sued after following advice on a forum - can they print out the forum threads and enter them as evidence? That works, right?

      Disclaimer to anyone reading the thread: I am totally and completely not serious about doing that. It was a joke. Don't do it.
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    • Profile picture of the author Orator
      Originally Posted by Josh Anderson View Post

      This thread is another great reminder why you don't go to a forum for legal advice.

      A really good example.
      I never asked for legal advice, I simply asked for opinions and the ones I've gotten have been very helpful.
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  • Profile picture of the author jackpot9
    Just wanted to add that besides the possiblity of violating trademark laws, it is highly likely that Amazon is not going to accept that website to be one of it's associates.

    Their terms and conditions does not allow the use of trademarked names or mis-spelled trademarked names in the website you use to generate traffic to Amazon through your affiliate link.

    Some gets through the crack, but i know they do check on it sometimes, because i've used several trademarked names myself when i started, and it was subsequently not accepted.

    Not worth the hassle at all, you get the drift.
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    • Profile picture of the author AnitaCross
      Ignore the legal implications for just a moment.

      Based on your hypothetical product name "Zuma Elite Handbag 5", a domain like zumaelitehandbag5.com would be quite limiting, assuming you want that name for SEO purposes. The keywords in your domain would only be relevant for the Elite handbags by Zuma. They would not be relevant for any other line of Zuma handbags.

      Why not register a domain like populardesignerbags.com? Now create a single page for each brand of purse/handbag you want to promote. Or one page for each style, or one page for each color, or... you get the picture.

      Obviously, you'll want to do some keyword research before you decide on a domain name. But there shouldn't be any reason why you can't find a domain name using a good keyword phrase that can be relevant for a much larger number of products, and without using anyone's trademarked brand.

      And then the issue of trademarks need never come up.

      -Anita

      Full disclosure: I have a trademarked brand as a domain name for a product I sell. However, the manufacturer was aware of it from the beginning and didn't have a problem with it. Also, I purchased the product wholesale direct from the manufacturer for resale. (Past tense. They discontinued the product, and sold me the last of their inventory.) So if you're reading this thread and planning on becoming a reseller of a specific product, it wouldn't hurt to ask for permission. They might even say yes.
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