Question about brand name in a domain.

11 replies
I know there are people who don't have a problem developing a site on domains such as:

BRANDledtv.com
BRANDCharcoalGrill.net
bestBRANDexpressomaker.org

I personally don't do it because I wouldn't want to get hit with a cease & desist notice (or worse). I'm not a lawyer and don't want to be dealing with any type of copyright infringement.

My question is - and I THINK I have the answer to this - what about a brand within the brand? Let me give you a few examples:

wegatvstands.com
buybraviatvforcheap.net
aquoshdtvaccessories.org

* Bravia TVs and Wega TVs are made by SONY.
* Aquos is made by SHARP.

The reason I'm asking is because I know of a product that's coming out in a few months that I personally enjoy, and would LOVE to setup a preview/review website for it. Especially because I know it's a product that's going to get a CRAZY amount of sales during the holiday season.

The EMD is available for the exact product name. Thing is, the brand is included in the product's name. If I don't include the product name on the EMD, the actual domain would become too generic, which is not what I want to focus on for this product.

My plan is to make this a sort of mini-authority website.
#brand #copyright infringement #domain #question
  • Profile picture of the author rushe
    I see so many people with domains that have "iPhone" in it; I don't see a problem with you using a product name. Brand names I'm not so sure about.
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    • Profile picture of the author Richard Tunnah
      Originally Posted by rushe View Post

      I see so many people with domains that have "iPhone" in it; I don't see a problem with you using a product name. Brand names I'm not so sure about.
      I'm sure that is a great defence when apple sues you for $50k for cyber squatting. Well many people are getting away with it so I thought I could!

      Rich
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  • Profile picture of the author Jonathan92
    For what it is worth, the most problematic feedback I have ever received was a couple of emails politely asking me to take down the site. I don't see any particular reason why you shouldn't include the product name in the EMD, but that's just my view.
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  • Profile picture of the author sbucciarel
    Banned
    It isn't copyright infringement. It's trademark infringement, and the product names are a trademark as well. Amazon has been suspending users who are promoting with trademarks in their domains. Possibly Ebay as well. Either way, you can get a cease and desist at the least from the trademark holder. They could also sue you if they wanted to.
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  • Profile picture of the author Sparhawke
    I agree with Suzanne, just as an example lets go with WindowsProducts.com, now we might possibly get away with glass products, but we all know the usage of "windows products" belongs to microsoft...

    If it sounds a bit dodgy in your head then it is better to keep clear, there are a million and one good domains out there that are available without going anywhere near trademarks, and you don't need the .com to get them either
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    “Thinking is easy, Acting is difficult
    And to put one's thoughts into action is the most difficult thing in the world ~ Goethe”
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    • Profile picture of the author DR's Fynest
      Originally Posted by rushe View Post

      I see so many people with domains that have "iPhone" in it; I don't see a problem with you using a product name. Brand names I'm not so sure about.
      Yeah, but that's just a case of people not CARING for it or being too naive to think they can just use such a name. Just because others do it, doesn't make it right.

      Originally Posted by Jonathan Newby View Post

      For what it is worth, the most problematic feedback I have ever received was a couple of emails politely asking me to take down the site. I don't see any particular reason why you shouldn't include the product name in the EMD, but that's just my view.
      I know there are people who get those types of emails from the company directly. However, not all companies operate the same. They still have all the right in the world to not be so "polite" and simply sue you right away for trademark infringement. Not a risk I'd ever be willing to take.

      Originally Posted by sbucciarel View Post

      It isn't copyright infringement. It's trademark infringement, and the product names are a trademark as well. Amazon has been suspending users who are promoting with trademarks in their domains. Possibly Ebay as well. Either way, you can get a cease and desist at the least from the trademark holder. They could also sue you if they wanted to.
      Thanks a lot for the clarification on the proper term, Suzanne.

      That was my fear, but I wanted to make sure.

      I know you have lots of experience designing and creating websites. Your input is much appreciated.

      Originally Posted by Richard Tunnah View Post

      I'm sure that is a great defence when apple sues you for $50k for cyber squatting. Well many people are getting away with it so I thought I could!

      Rich
      Yup. Not a defense I'd be willing to walk into court with. lol

      Originally Posted by Sparhawke View Post

      I agree with Suzanne, just as an example lets go with WindowsProducts.com, now we might possibly get away with glass products, but we all know the usage of "windows products" belongs to microsoft...

      If it sounds a bit dodgy in your head then it is better to keep clear, there are a million and one good domains out there that are available without going anywhere near trademarks, and you don't need the .com to get them either
      Thanks for the insight. It did sound dodgy in my head when I went to check out if the EMD was available. I guess I'll broaden the website to other manufacturer's products and create an even bigger authority then.

      I just wanted to focus on that one product because I know it'll be a hot seller this holiday season and throughout the upcoming year(s).
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      • Profile picture of the author davezan
        You could do that...if you have the brand holder's permission and/or the site has
        no ads or similar, perhaps. No go?
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        David

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  • Profile picture of the author Gaz Cooper
    Hey DR

    A lesson in Trademark Infringement

    One of my favorite techniques is thinking ahead DR very lucrative

    However we all make mistakes and I have been recently slapped after I registered a domain back in January I stupidly did not realize it was trademarked by association LOL Duhhhh and if I did I would of done what i do now which is subdomain or an optomised page with generic domain.

    I did check for trademarks but nothing was filed or registered as a trademark back in Jan cause it was not even manufactured yet .

    Any way the product was not coming out till June and all indications were it was going to be a big success I worked on it for 4 months was top of .co.uk and was in second spot in .com under the manufacturer.
    When the product hit the market I was positioned perfectly, in fact I knocked the manufacturer off the top spot and thought I was going to clean up on this product as I had already sold LOADS on pre order.

    The product was officially launched on June 1st and all of a sudden similar sites started showing up instantly even a well known Amazon warrior got a site up that I saw, and I was positioned in #1 and 4 months ahead with SEO backlinking article distribution etc, I already thought it was Christmas LOL

    Then I got the C & D letters, very polite but reminding me that the name was trademarked and could not be used in a domain and to take the sites down which of course i complied immediately.

    My sites fell off and were replaced by TONS of other domains by other marketers with the same name in the domain although it was now www.tradenametoys.com or www.besttradename.com etc.

    Who knows if they will get the same letter but I would of thought so but they are still up at the moment.

    So basically the story here is dont use any trademark in your domain name because the work I did which was 100% perfect with the exception that it was trademarked and its all wasted now as I had to give the sites up.

    I am still positive as this thinking ahead really works fantastic and I have loads of other sites but this time without trademarks in them and the sales are great.

    Many of my new products when I find them have as low as 45 search results as they are that new and this is the perfect time to position yourself by just by having the unique name in your title tags keyword density you can get your site right up there even without an EMD, then immediately write some articles about the product and distribute them with the correct anchor text and keywords, start some backlinking and since there is no competition yet, you are months ahead of everyone and you can dominate anyone coming in after you.

    This story just confirms dont register trademarked domains and even if its not showing a trademark registration it does NOT mean that the name is not trademarked by association with the manufacturer.

    The best case is you use a subdomain or page name and them optmize that page for the relevant product/keywords and if your thinking enough ahead that will be enough to get you where you need to be when the product launches.

    Sorry for the long story DR but I think it answers your question just dont do it, but for sure find a way to grab that product and start the work now if its not out yet as I find these are very profitable if you get in real early.

    Kickin it on Amazon

    Gaz Cooper
    Amz Training Academy
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    Beginners Guide to getting started in CRYPTO, FREE Ebook on a Massive Opportunity as the World shifts to Digital payment http://amzauthorityzone.com

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  • Profile picture of the author DR's Fynest
    Hey Gaz,

    I actually went through your AMZ Training Academy a couple of days ago and I picked up a few nuggets of information. This is the reason I was so excited about this upcoming product.

    What makes this such a good product is the fact that it's something I will be buying myself once it comes out. It's in a niche I am experienced in. So I would be writing previews and news about the product and once the product launches, I would then be able to do a REAL in-depth review from my own experience, with real pictures and everything (maybe even a video for YouTube ).

    I have one of the competitors' product and it would make for an excellent "comparison" review of both.

    Sorry you had to find out about trademark infringement in such a way. At least you weren't sued Thanks for passing the knowledge. I will stay away from any such domains.

    I've sent you a PM, BTW.
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    • Profile picture of the author Gaz Cooper
      Originally Posted by DR's Fynest View Post

      Hey Gaz,

      I actually went through your AMZ Training Academy a couple of days ago and I picked up a few nuggets of information. This is the reason I was so excited about this upcoming product.

      What makes this such a good product is the fact that it's something I will be buying myself once it comes out. It's in a niche I am experienced in. So I would be writing previews and news about the product and once the product launches, I would then be able to do a REAL in-depth review from my own experience, with real pictures and everything (maybe even a video for YouTube ).

      I have one of the competitors' product and it would make for an excellent "comparison" review of both.

      Sorry you had to find out about trademark infringement in such a way. At least you weren't sued Thanks for passing the knowledge. I will stay away from any such domains.

      I've sent you a PM, BTW.
      Hey DR

      Thats absolutely the very best way for an Amazon review site, when you actually own the product have a passion about it and can do a comparison with a competitors product.

      You gain great credability when you show you own both of them and are giving an honest review from products that you have actually used and own.

      The sooner you get it up the better, If it was me I would be writing articles already about the launch of the product, what the features will be etc how you think it will be better than the product you have now etc. For you tube, I may make a camtasia powerpoint video identical of the article just so your getting as much info out there with links back to your new site page for the product.

      Depending on how unique the product name is you could find yourself already in on page 1 of Google.

      Good luck with it sounds like you might be onto a winner.

      Kickin it on Amazon

      Gaz Cooper
      Amz Training Academy

      P.S check if its available for pre order on Amazon that way you get it the moment it hits the market.
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      Beginners Guide to getting started in CRYPTO, FREE Ebook on a Massive Opportunity as the World shifts to Digital payment http://amzauthorityzone.com

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  • Profile picture of the author davidtong
    You guys remember the NISSAN.COM story? Big companies have the $$$ to drag this forever.
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