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copyright infringement?

by AnnaHamer
15 replies
This post is very hard without giving away the niche. So, I won't try and fight it. I have been told that MMA And UFC is a quickly expanding niche. I have bought a domain with UFC in it, am I allowed to use as long as I am selling their merchandise? Or is that against TCs?

fanx
anna
#copywrite #infringement
  • Profile picture of the author VegasGreg
    If you are using UFC in the domain and it is a MMA site, then you are in for a legal battle. (And UFC has some high priced lawyers on their side).

    If you have UFC in the domain and it was for ex: Universal Food and Clothing (or something else non trademarked) you would be ok.
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    • Profile picture of the author jtgjustin
      I really doubt the UFC would go after you for using their name in the domain. Seriously, don't worry about it. The worst thing that could happen is you lose the domain.
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      • Profile picture of the author Doug Wakefield
        If UFC had the the full trademark to "UFC" then it would NOT matter the reason for the domain, regardless of MMA or universal food and clothing. Trademark is a trademark regardless of the purpose. I have not looked into a trademark on UFC either, but here is something to think about.

        Proof needs simply to go back to the WWF dilemma.

        World Wildlife Foundation vs World Wrestling Federation

        Two separate industries. Considering that one is now called WWE, it should be apparent that the purpose doesn't matter.

        As far as the domain goes, you can take the chance if you wish. Just understand that if they want the domain, they could get it from you. It would be up to you how nasty the legal battle gets.
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      • Profile picture of the author WillR
        Originally Posted by jtgjustin View Post

        I really doubt the UFC would go after you for using their name in the domain. Seriously, don't worry about it. The worst thing that could happen is you lose the domain.
        Silly advice. I wouldn't listen to that.

        Originally Posted by AnnaHamer View Post

        am I allowed to use as long as I am selling their merchandise? Or is that against TCs?
        You are selling their merchandise for what? To make a profit for yourself. You are trying to profit off of their trademarked brand and reputation. This is exactly what trademark law is designed to prevent. Do not do it unless you want to leave yourself open to legal action. They may never see your site but on the off chance they do, it is not worth it.

        There are a lot of companies nowadays who have legal departments who sit there all day searching for people who are infringing on their trademarks. It can be quite a good earner for businesses these days.
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      • Profile picture of the author VegasGreg
        Originally Posted by jtgjustin View Post

        I really doubt the UFC would go after you for using their name in the domain. Seriously, don't worry about it. The worst thing that could happen is you lose the domain.
        Absolutely the WORST advice provided here on the forum...

        Obviously you don't know much about business law and the consequences of violating said laws.

        The BEST thing that could happen would be that they JUST take the domain name. Worse case would be getting sued for $150,000+++. (Do some research and you will see these lawsuits happening more and more.
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  • Profile picture of the author NerdGary
    From my experience.. UFC won't sue you automatically... They will send a "stop and desist" letter... at which point you should shut it down.

    If you never get this letter (or a lawsuit) continue what you are doing.

    I am not suggesting that as advice.. its just what I have done in the past.

    Some companies find it flattering.. some get annoyed. hard to tell from the get go.
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    • Profile picture of the author WillR
      Originally Posted by NerdGary View Post

      From my experience.. UFC won't sue you automatically... They will send a "stop and desist" letter... at which point you should shut it down.

      If you never get this letter (or a lawsuit) continue what you are doing.

      I am not suggesting that as advice.. its just what I have done in the past.

      Some companies find it flattering.. some get annoyed. hard to tell from the get go.
      So if I can go out on most Saturday nights, load myself up with 20 beers and then drive myself home without getting caught, that means I should do it?

      The law is the law. If you break it then you deserve to get whatever is coming to you. The OP asked if it is against their TCs. Well who knows, but it IS against the law.

      I pity you if you are building your business based on 'getting away with things'. Maybe one day when you get your ass sued you will learn a valuable lesson and we can all sit here and say... "I told you so...".

      Damn I hate ignorance.
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  • Profile picture of the author GarrieWilson
    -- Not legal advice --

    BMW (I think it was them) lost a suit about a TM in a domain because of a licensed reseller.

    I own some godaddy domains and they asked them to be unparked at Sedo. Never asked for ownership.

    There is not a yes or no answer to this question. It depends.

    Garrie
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  • Profile picture of the author kindsvater
    The issue is trademark and not copyright.

    Although no one knows your domain or what exactly is on it, this domain dispute opinion decided against the trademark owner and in favor of a company retailing the owner's products is informative:

    Decision
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    • Profile picture of the author CashDyno
      I would not want to open that can of worms I know for a fact that the ufc will come after you. They will first send a c&d letter from there attorney asking you turn over the domain to them.
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      • Profile picture of the author Liam Hamer
        This came from me watching UFC 127 and me mentioning that MMA is a fast growing sport and niche. When she showed me the domain name she was looking at, I couldn't believe that it was available - not only the .com, but ALL the extensions were untouched. I said it was probably for this very reason, that it's trademarked/copyrighted :p

        I just told her about your replies, we'll definitely be staying away from using UFC in any domain names :p
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  • Profile picture of the author AnnaHamer
    Perhaps I will ask permission. At worst they will just say no; at best they will allow it. In Commission Junction it doesn't say you're not allowed to use the name of the advertiser. Will contact them and see how it goes.
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  • Profile picture of the author JagSEO
    The best thing to do is to look for another domain.
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    • Profile picture of the author Steadyon
      Originally Posted by jtgjustin View Post

      I really doubt the UFC would go after you for using their name in the domain. Seriously, don't worry about it. The worst thing that could happen is you lose the domain.

      Absolutely unbelievably naive and dangerous nonsense. The worst thing that could happen is that you end up paying all of the proceeds to UFC/MMA, not the profits, the proceeds. You could also end up with a criminal record.

      So to think that the worst is that you lose the domain is garbage. That is the best possible position.


      Originally Posted by NerdGary View Post

      From my experience.. UFC won't sue you automatically... They will send a "stop and desist" letter... at which point you should shut it down.

      If you never get this letter (or a lawsuit) continue what you are doing.

      I am not suggesting that as advice.. its just what I have done in the past.

      Some companies find it flattering.. some get annoyed. hard to tell from the get go.

      See what I wrote above. You are not dealing with someone selling soft quilts or flowery duvets. You are dealing with someone who enjoys a bit of pound and ground.


      Originally Posted by AnnaHamer View Post

      Perhaps I will ask permission. At worst they will just say no; at best they will allow it. In Commission Junction it doesn't say you're not allowed to use the name of the advertiser. Will contact them and see how it goes.

      Good luck but if they say yes I will eat my socks.
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