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Putting Brand Name In Domain Bad Idea?

by coreytucker
10 replies
Hi,

so im trying to target some product names with some domains. The problem is can I make a domain called something like "canonhv20review.com?" Or will cannon potentially get me for copyright infringement?

If so I guess it could be smarter to target wider terms like "camcorder reviews" and things like this right? I know product names though have a much higher conversion. Is there any way around this? Thanks
#bad #brand #domain #domain brand #domain copyright #idea #putting
  • Profile picture of the author Michael Ten
    Yes. It is quite a bad idea as far as I can tell.


    http://www.uspto.gov/trademarks/index.jsp
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    • Profile picture of the author Alexa Smith
      Banned
      Trademarks are different from brand names (though obviously they can overlap, too).

      Contrary to the impression often given in conversations here, there are actually some legally acceptable and legitimate uses of other people's trademarks in domain-names, but for anything commercial/monetised in any way, don't even think about it without the trademark owner's consent.

      And don't listen to the people telling you that a "cease and desist" is the worst that can happen to you, if you try it. It isn't. You can also get yourself sued very easily indeed.

      Trademark owners have an obligation (not just a "right") to protect their trademark, if notified of improper usage.
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  • Profile picture of the author coreytucker
    but what about all of these people who are targeting product names as the main domain url?
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  • Profile picture of the author coreytucker
    so why can you have a page of your website target a product/brand name while the main domain url cannot?
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    • Profile picture of the author Kay King
      but what about all of these people who are targeting product names as the main domain url?
      Why ask for an answer and then argue with it? If you want to do what "all of these people" do - then do it. It's your site and your money and time. Other people do a lot of things I don't do - because I don't care to take the risk or face the consequences. They can do what they want.

      Though there are ins and outs of the laws and requirements, the basic answer is "it's risky - don't do it".

      You can use the trademark in a page title or file name on a site and you MIGHT get by with it - or you might not.

      I've had 2 times when a page with a brand title in it had to be taken down even though the domain had nothing to do with - and didn't mention - the brand. You can say "they can't do that" - but that's just talk. A company can and will protect its trademark. It has to as failing to protect it can lose that right to protection for the company and it's trademarked brand name.

      kay
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  • Profile picture of the author coreytucker
    Thanks Kay King. I guess it's a matter of taking a risk or not. But the way I understand it is you can use the name if it's vague like "frog computers" simply because frog cannot be trademarked since it has other meanings correct?
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    • Profile picture of the author Alexa Smith
      Banned
      Originally Posted by coreytucker View Post

      frog cannot be trademarked since it has other meanings correct?
      Not to mention "apple". (Now there's a story with enough litigation in it to satisfy anyone).
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      • Profile picture of the author davezan
        Coreytucker,

        Alexa gave one answer, especially in bold:

        Originally Posted by Alexa Smith View Post

        there are actually some legally acceptable and legitimate uses of other people's trademarks in domain-names, but for anything commercial/monetised in any way, don't even think about it without the trademark owner's consent.
        You can use any other name as long as its "context" isn't somehow related to
        its trademark namesake. For example, you can use Delta to write about, say,
        the river as long as it's not about selling airline tickets, faucets, or electronic
        components.

        Unfortunately brand names are more difficult (and virtually impossible without
        permission from their "owners") because consumers have learned to associate
        them with their "exclusive" source. While Ford is arguably a "common" word, it
        can't be used to sell cars or, say, offer financial services:

        Ford Motor Co. v. Ford Fin. Solutions, Inc. | Internet Trademark Case Summaries | Finnegan

        Of course, that means virtually any word or phrase can become a trademark.
        You just have to try to avoid those if you can, but brand names are easier to
        avoid due to their immense popularity and commercial success.

        And in the future, it helps to search since this topic has been asked before:

        http://www.warriorforum.com/search.php?searchid=8273203

        Good luck.
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  • Profile picture of the author natorob
    Why not be safe rather than sorry? I'd stay away from the brand name...
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    • Profile picture of the author mikeroosa
      There really is no need to do it. I did and got a letter from an attorney telling me I needed to take the site down or face legal action. I took it down immediately and my $700/month Adsense site was gone overnight. Do it the right way.
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