Using trademarked / brand names in domain name

10 replies
I have a contractor working on a new site for me...it has a company name and a trademarked word in the domain name.

He claims its all OK...can someone please provide a link to a trusted authority site that clearly explains why this is not workable?

Thanks!
#brand #domain #names #trademarked
  • Profile picture of the author Gerard Mohamed
    I am also interested in hearing what others have to say about this.
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    Gerard.

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  • Profile picture of the author hotlinkz
    It's not OK. Usually, the bigger the company/trademark owner's name being used, the quicker you will get hit with a "cease and desist".

    Also, if this is a contractor working for you, shouldn't he be taking orders from you? If you don't feel comfortable with it, make him change the domain.

    This information may be of some assistance...

    Trademark: Domain Names - Internet Law Treatise
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    • Profile picture of the author Richard Van
      It really depends on who holds the Trademark but by and large how would you feel if you trademarked a domain and someone else was using it?

      If it's not to make money, you could be ok, if you're going to make money off the back of a company that has trademarked that term, they could well screw you over and of course you have every scenario in between.

      Here's the bottom line. Ask a lawyer, better still, go to the company that has the trademark and ask them if it's ok and to get them to get that in writing. If they say no, for heavens sake don't do it.

      Either way, the contractor is neither a lawyer or the trademark holder and therefore isn't qualified to advise you, nor is anyone else here.

      Personally, unless I had it in writing I wouldn't even consider it.
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      Wibble, bark, my old man's a mushroom etc...

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  • Profile picture of the author sbucciarel
    Banned
    Most often, it is not OK. There are certain uses that are OK. A lawyer could tell you definitively, but whoever is working on your site cannot and doesn't sound like he really knows what he is talking about.

    This has been discussed on this forum exactly 2 million times.

    Anticybersquatting Consumer Protection Act - Wikipedia, the free encyclopedia
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  • Profile picture of the author Petchonka
    Correct ^^

    He should be taking orders from you, not the other way around! Tell him to change the domain name immediately.
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  • Profile picture of the author Kal Sallam
    This always reminds me of people speeding on the free way some get caught and some Don't and get away with it.
    Then they keep speeding until bam -they get caught !
    So you are basically risking it big time. Change your domain name.

    Better be safe than sorry my friend.


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  • Profile picture of the author Fun to Write
    No way would I pay someone to build a content site based on a trademark domain name. Someone just posted here last week about this very issue. He was upset that the big name company no longer wants him using their trademark in his domain and has asked him to turn it over to them.

    Most of the advice he got was to surrender and not waste time or money fighting this, but he seems determined to try and hold onto it. Granted, he doesn't want to lose a profitable online business he spent years building up, but on the other hand, he probably doesn't have an endless supply of money to pay legal fees either.

    Avoid this problem and get a domain name that is targeted for your niche, but does not infringe on anyone's trademark name.
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    Focus+Smart Work+Persistence=Success

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  • Profile picture of the author Fun to Write
    No way would I pay someone to build a content site based on a trademark domain name. Someone just posted here last week about this very issue. He was upset that the big name company no longer wants him using their trademark in his domain and has asked him to turn it over to them.

    Most of the advice he got was to surrender and not waste time or money fighting this, but he seems determined to try and hold onto it. Granted, he doesn't want to lose a profitable online business he spent years building up, but on the other hand, he probably doesn't have an endless supply of money to pay legal fees either.

    Avoid this problem and get a domain name that is targeted for your niche, but does not infringe on anyone's trademark name.
    Signature

    Focus+Smart Work+Persistence=Success

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  • Profile picture of the author davezan
    Originally Posted by GowebMkt View Post

    can someone please provide a link to a trusted authority site that clearly explains why this is not workable?
    Internet Library of Law and Court Decisions - Subject matter index search results
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    David

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  • Profile picture of the author kindsvater
    Without knowing the domain name and what will be on the website the issue is impossible to evaluate.

    appleiphone.com - that would be a problem.

    tedsfavoriteappleiphoneapps.com - that shouldn't be.

    Why the difference?

    The first is easily confused as an official Apple website. The second is not.

    .
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