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Domain Name Question

by GemFranco Banned
16 replies
I've been surfing the internet and found a good product to promote. The product is not yet released but it will be available in the marketing in a few weeks or months. Then I go to godday to find premium domains for this product and I found that the product name domain is available.

For example is samsunggalaxys2.com for the product Samsung Galaxy S2. If I buy this domain, is it illegal? What about samsunggalaxys2info.com, samsunggalaxys2guides.com?

Thanks in advance.
#domain #question
  • Profile picture of the author Andyhenry
    I think you already know the answer to this.

    You're using trademarked terms.

    If the product is trademarked and you buy domains using that term - you're asking for trouble.

    Sure, it makes it easier for you to get traffic looking for their product but you're abusing their trademark to do it (they spend millions of dollars bringing that product name into the awareness of their customers, so if you grab their surfers by using the terms they've spent money branding - you're effectively stealing from them - or at least that's how they'll see it.)

    I'm sure you can use your brain to be creative and not expose yourself in this way.

    Andy
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  • Profile picture of the author Gene Pimentel
    There are literally hundreds of posts discussing this very issue - it comes up many times every week.

    The bottom line is, registering domain names containing trademark terms is very, very risky. Trademarks are established for a reason. And, that domain name is probably not yet grabbed by someone else for that same reason.

    There are some circumstances that would allow you to use a trademarked term in your domain name, but even is cases where it may be legally permitted, you would need to be prepared to defend that in the event the Trademark owner decides to challenge it in court.
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  • Profile picture of the author GemFranco
    Banned
    Thanks for the great answers. So what's the best domain I can get if I want to promote this product? Is samsunggalaxys2reviews.com still illegal?
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    • Profile picture of the author Gene Pimentel
      Originally Posted by GemFranco View Post

      Thanks for the great answers. So what's the best domain I can get if I want to promote this product? Is samsunggalaxys2reviews.com still illegal?
      Again, whether it's 'legal' or not is not your only issue. Even if it was allowed by law, the owner of the trademark can file a lawsuit if they don't approve of the way you're using their trademark. Are you prepared to fight a lawsuit with a major corp? Whether or not it's 'legal', using a trademark opens the door for many expensive problems.

      Use a generic keyword instead, like "WorldsBestSmartphones.com" (just a made up name off the top of my head - there are probably hundreds of other variations that are better). Then, add a subdirectory, like WorldsBestSmartphones.com/samsunggalaxys2reviews

      I am not a lawyer, and this is not legal advice, but in my experience, a subdirectory containing a trademark is generally acceptable.
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  • Profile picture of the author GemFranco
    Banned
    I've seen this site Samsung Galaxy S2 Release Dates with products. Is the webmaster of this site violating the terms?
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    • Profile picture of the author Andyhenry
      Originally Posted by GemFranco View Post

      I've seen this site Samsung Galaxy S2 Release Dates with products. Is the webmaster of this site violating the terms?
      He's definitely infringing on their trademarked terms.

      If they see it - he'll get a letter/email which he won't like.

      Don't put yourself in the bad position just because someone else has.

      You already know what the situation is.

      It's up to you how to go forward.
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  • Profile picture of the author KenFighter
    you might get sue if you buy brand names for domain.. but i think its not a problem if you make it like this.. ssgalaxy or something like that.. facebook.. fb... youtube.. utube..

    Just my cent
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  • Profile picture of the author NestZone
    If you intend to promote samsung products and also get traffic, I think you can walk away with it, but if it is an attempt to deceive online users, there is no way you can do that without being kicked off line.
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    • Profile picture of the author Andyhenry
      Originally Posted by NestZone View Post

      If you intend to promote samsung products and also get traffic, I think you can walk away with it, but if it is an attempt to deceive online users, there is no way you can do that without being kicked off line.
      No - that is BAD advice.

      If you know a term is trademarked and you buy a domain name with that term - you are setting yourself up for trouble.

      If you knowingly do it - you will even appear as a crook. Just because you're a small time player doing a review site has ZERO impact on how the law deals with you. If you break it or get sued - they don't care that you don't have $100k to pay them/fines with.
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  • Profile picture of the author sbucciarel
    Banned
    Originally Posted by GemFranco View Post

    For example is samsunggalaxys2.com for the product Samsung Galaxy S2. If I buy this domain, is it illegal? What about samsunggalaxys2info.com, samsunggalaxys2guides.com?

    Thanks in advance.
    No. It's a trademark. It's owned by Samsung. Ask yourself if you really want to spend the time building a site only to have it taken from you.
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    • Profile picture of the author Tom Ryan
      Don't risk it. Some people get away with it, but I wouldn't chance it. Putting in all that time and effort into a site just to have it taken away is not worth it.

      Find a generic term around that niche that has a good search volume and lower competition and use that for your domain name. Then build the pages using the product names.
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  • Profile picture of the author GemFranco
    Banned
    No. It's a trademark. It's owned by Samsung. Ask yourself if you really want to spend the time building a site only to have it taken from you.
    Thanks. Now I know about limitations in selecting a domain

    Again, whether it's 'legal' or not is not your only issue. Even if it was allowed by law, the owner of the trademark can file a lawsuit if they don't approve of the way you're using their trademark. Are you prepared to fight a lawsuit with a major corp? Whether or not it's 'legal', using a trademark opens the door for many expensive problems.

    Use a generic keyword instead, like "WorldsBestSmartphones.com" (just a made up name off the top of my head - there are probably hundreds of other variations that are better). Then, add a subdirectory, like WorldsBestSmartphones.com/samsunggalaxys2reviews

    I am not a lawyer, and this is not legal advice, but in my experience, a subdirectory containing a trademark is generally acceptable.
    Thanks for the advice. It seems that you're really an expert when it comes to domain. By the way I have checked your WSO, is the strategy in that course still working?
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  • Profile picture of the author arshaad baker
    you can use any domain that does not include the name 'samsung' which is a trademark and they can sue you for it
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  • Profile picture of the author Paul Barber
    I got caught on this with an Amazon trademark, I did not know any better at the time. Amazon were good enough to ask for the domain and paid me $25 for it. I consider myself very lucky. Of course I lost all my work, marketing etc

    Some smaller companies/businesses will allow you to use the trade name. I guess they are of the opinion that if they help you can make more sales then it works for them. Depends on their strategy I guess.

    Safest route is to ask.
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  • Profile picture of the author Andyhenry
    You can see an example of the type of letter you might receive in this thread: http://www.warriorforum.com/main-int...nd-needed.html
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    • Profile picture of the author Alexa Smith
      Banned
      I'm not a lawyer, but it seems to me, from everything I've read about these situations, that although there clearly are some permitted usages of other people's trademarks in domain names (otherwise sites like "PayPalSucks" wouldn't still exist, for sure, after all these years), if you're planning to monetize a site with someone else's TM in the domain-name, then the only sensible advice can be "don't do it" because that won't be one of the permitted usages.

      Two specific issues often come up in these conversations ...

      (i) People see "other people doing it" and that makes them wonder whether it's legitimate (it isn't worth the risk, and those sites may belong to people who'll be on the rough end of a lawsuit in a few weeks'/months' time - or they may have the written permission of the TM-holder: always an option);

      (ii) Some naive people imagine that the fact that they'll be "helping the TM-holder to make sales" will somehow exempt them from problems. It often won't - and there's a reason for that: trademarks confer obligations as well as rights, at least in the sense that when a company applies for a trademark renewal, if it can be shown that they've failed to protect/defend their trademark, they may not be able to get it renewed. For this reason, some companies feel obliged to take proceedings against usurpers of their civil law rights, even if those people are helping them to make sales.
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