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How to avoid legal issue with domain name

by aaronngoh
9 replies
As a marketer who is looking for new niche and encounter many decision if I buy the domain name, would I get into trouble.

Just want to leverage on the expert in this forum, how can you certain when you buy a domain name and spend time to buy a site. After 6 months, I would not get a letter from XYZ company suing me and want to take down the sites.

What are some checks that you do?

What are the grey zone that you avoid?

Just want to hear from you
#avoid #domain #issue #legal
  • Profile picture of the author hustlinsmoke
    I start with this website.
    http://www.uspto.gov/main/trademarks.htm

    That should get you started, I don't really worry about it unless I have a name I know is copyright.

    If it is in the dictionary usually they can not trademark it.

    Fiverr got alot of micro worker websites knocked off paypal because they said that gig is trademarked. They have a pending trademark on gig but it will not go through, that word has been around forever. The websites got there paypal status back.
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  • Profile picture of the author HairyPoppins
    Avoid copyrighted terms and I'm sure you'll be ok. I've only ever had a problem when I tried to include a company's name in my domain. They put an end to that real quick.
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    • Profile picture of the author Richard Van
      If you wish to use a trademark in a domain, you contact the trademark owner and you tell them what you intend to do with it. You then ask if that's ok. Get them to say so in writing. If they say it is, in writing, that's fine, no problem.

      Otherwise don't buy one.

      It's not exactly hard to rank for keywords/terms without your keyword in your domain. It's just one of many, many factors.

      hustlinsmoke - If it is in the dictionary usually they can not trademark it.
      Virgin is in the dictionary. I'd love to see you tell Sir Richard Branson he shouldn't have trademarked his company name.

      In fact I'm looking at the Oxford Dictionary now and I've just looked up Facebook and Google and they are both there. Sorry but I think that's total nonsense.

      There's also a big difference between trademark and copyright.
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      Wibble, bark, my old man's a mushroom etc...

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  • Profile picture of the author Gene Pimentel
    Two quick points:

    1) There is no such thing as copyright on a domain name. Only trademarks.

    2) While it's a good practice to look up registered trademarks, realize that a trademark does not have to be registered to provide protection to the owner. Just because it doesn't appear in a trademark database doesn't mean it's not a valid trademark.
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  • Profile picture of the author dmason
    Simple rule: do not use names that are trademarked. Use the U.S. government site on trademarks that is known as "TESS".
    dm
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    • Profile picture of the author davezan
      Originally Posted by hustlinsmoke View Post

      I start with this website.
      Trademarks Home
      Originally Posted by dmason View Post

      Use the U.S. government site on trademarks that is known as "TESS".
      USPTO is not the only trademark database in the world, not inclusive of common
      law or unregistered trademark rights - especially in other places - as Gene said.

      A way to avoid this domain-trademark issue is to ask yourself why are you even
      considering it in the first place. If you're thinking of somehow making money off
      of a popular term or so, especially if it's commercially successful on its own, then
      there might be a problem.

      If you're worried about someone using the same term in your domain name as a
      trademark for something after your more-or-less established use, just try not to
      do anything to essentially acknowledge that trademark's existence. If, say, your
      domain name is showing parking ads, make sure they do not show those of any
      competing products/services of that trademark holder.

      You just do what you can, but don't let that make you lose sleep.
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      David

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  • Profile picture of the author sirtiman
    If they sue, I have experienced to get good negotiation. Mostly I ask the person who sue to buy the domain from me with my offer along with my business around the domain name. The cost must be high, but if they don't agree I consider they ignore of what are they sue of it.
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  • Profile picture of the author aaronngoh
    Thank you for all your expert view on this challenge

    Just what to hear from you what do you think about this

    Hertz coupon code 2011

    Since Hertz is a brandname and a trademark.

    If I register the above as domain name, would this get into trouble?
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    http://www.wellnessnumberone.com
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    • Profile picture of the author Gene Pimentel
      Originally Posted by aaronngoh View Post

      Thank you for all your expert view on this challenge

      Just what to hear from you what do you think about this

      Hertz coupon code 2011

      Since Hertz is a brandname and a trademark.

      If I register the above as domain name, would this get into trouble?
      Definitely. You're using their trademark to profit from their product.
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