The likely hood of getting sued. I know its not recommended but....

by IGP Banned
7 replies
if anyone has ever been sued for this please let me know how it went...it would help allot.....

so what is the likely hood of getting sued over using product and company names in your domain?

will the person bankrupt me if i do?


don't they have to send you a warning letter first (after they spent about a week or 2 finding out who you are) and tell you to take it down before they can even take you to court? and don't you have to not take it down for them to take you to court?


will the company own my design of the site if they tell me to take it down?
#hood #recommended #sued
  • Profile picture of the author wolfmmiii
    Originally Posted by IGP View Post

    if anyone has ever been sued for this please let me know how it went...it would help allot.....

    so what is the likely hood of getting sued over using product and company names in your domain?

    will the person bankrupt me if i do?


    don't they have to send you a warning letter first (after they spent about a week or 2 finding out who you are) and tell you to take it down before they can even take you to court? and don't you have to not take it down for them to take you to court?


    is it illegal to push it?
    Nobody here who is worth listening to is going to tell you it's OK to infringe on trademarks. And, no, they don't have to give you a warning first before they sue you.
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  • Profile picture of the author Michael Oksa
    I am not a lawyer. The following is based on what I think I know. Seek advice from a qualified attorney.

    Originally Posted by IGP View Post

    if anyone has ever been sued for this please let me know how it went...it would help allot.....
    Learning from other people's experience is usually a good idea. However, you can do your own research on this matter and find people who have been sued for this. Read their stories to get an idea of the headaches you could face.

    so what is the likely hood of getting sued over using product and company names in your domain?
    I don't know of you can put an actual figure on your chances of being sued if you use a product or company name in your URL, but it's nearly 0% if you DON'T use it.

    will the person bankrupt me if i do?
    Quite possibly. And it's not usually a "person", it's usually a "company" that has a "legal team".

    don't they have to send you a warning letter first (after they spent about a week or 2 finding out who you are) and tell you to take it down before they can even take you to court?
    No, they do not have to send you a warning letter. The 1st communication you receive could be the lwsuit notice.

    and don't you have to not take it down for them to take you to court?
    Nope. Even if you take it down, they could still win a judgment against you. If you made any money by using their name, they can claim that they lost money. If you did anything that could be perceived as damaging their name, they can claim that they lost money. So, even if you don't make a single penny and take the site down immediately after notification, you could STILL be sued.

    is it illegal to push it?
    As far as I know "pushing it" (whatever "it" is) isn't covered under the law. However, it seems like a dumb thing to do, especially because you already know better. If you don't do it, then you won't have to worry.

    All the best,
    Michael
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    • Profile picture of the author Richard Van
      Ask Brian Kindsvater, he's a lawyer and the best person to take advice off here.

      Learn about trademarks before you decide to infringe them and don't go on the basis of whether someone has been sued or not. There are plenty of crack dealers and murderers who are not in prison yet but that doesn't mean they won't be in the future.

      so what is the likely hood of getting sued over using product and company names in your domain?
      That's impossible to answer I'm afraid, even by a lawyer, it totally depends on the company and what they do...and we have a few companies on this planet to choose from.

      With respect, having the company name or keyword in the domain is hardly the be all and end of a website.
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  • Profile picture of the author WinstonTian
    Well, if I used your full name in a domain, and
    placed affiliate links all over it, you probably
    wouldn't like it.

    It's the same with people's brain-child
    products.

    I'm not going to play God and tell you there's
    a 20%, 50% or 80% of you being sued, but
    in any kind of business, the way you win...

    ...is to MINIMIZE risk!

    That's how you invest. And when you invest,
    don't increase your risk of getting your
    business flipped anytime.

    I don't recommend it. No, I don't want to use
    the word recommend. I strongly urge you not to
    do it. There are far better ways to
    accomplish things.

    Sincerely,
    Winston Tian
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    Winston
    The Beginner's Doctor

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  • Profile picture of the author sbucciarel
    Banned
    Originally Posted by IGP View Post

    if anyone has ever been sued for this please let me know how it went...it would help allot.....

    so what is the likely hood of getting sued over using product and company names in your domain?

    will the person bankrupt me if i do?

    don't they have to send you a warning letter first (after they spent about a week or 2 finding out who you are) and tell you to take it down before they can even take you to court? and don't you have to not take it down for them to take you to court?

    will the company own my design of the site if they tell me to take it down?
    They are not obligated to tell you to take it down. They can just sue if they want to. Or they can do a UDRP and take the domain from you.

    No, they won't own your site or design. They own the trademark that you're infringing.
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  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by IGP View Post

    what is the likely hood of getting sued over using product and company names in your domain?
    I'm no lawyer, but I don't think even a lawyer can know that, because nobody knows how many "other people's trademarks" have been registered as domain-names, by whom, and when. (Registrars don't stop you from registering them or check to see whether they're trademarked. That's your responsibility, not theirs.) And without knowing that, you can't work out the odds.

    Originally Posted by IGP View Post

    don't they have to send you a warning letter first
    No.

    Originally Posted by IGP View Post

    don't you have to not take it down for them to take you to court?
    No, this isn't right.

    Originally Posted by IGP View Post

    will the company own my design of the site if they tell me to take it down?
    No.

    I'm pretty sure it's common to hear from companies, in these circumstances, before they commence legal proceedings, but that's a different question.

    Among the things that can happen are:-
    • They can tell you take it down
    • They can take the domain from you
    • They can take from you any money you've ever made through the site
    • They can sue you for additional damages
    Don't imagine that because "you're helping them to make sales" (as is often the case) they'll decide to be lenient. That isn't how it works. The point is that owning a trademark effectively confers obligations as well as rights on the holder: when it comes to trademark renewal time, if it can be shown that they've knowingly failed to protect their rights with regard to the trademark, that can be held against them. Some companies, for this reason, have the policy of pursuing all breaches of the trademark routinely and without reference to the motives/purposes/circumstances of the defendant.

    There are some permitted uses of other people's trademarks in domain-names, it's true. They tend to be tested in court, partly according to precedent law, by people with very deep pockets. They also tend to exclude "making money from the site".

    My own not-legally-qualified, five-word opinion is "Don't even think about it".
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  • I wasn't born in America and I told a true thing about something 100% true. The guy said I'm going to teach you a lessen about my country that you are not allowed to do that now you are going to pay so that was a huge lesson. One of my friends knows a guy who made millions just suing and settling. I'm sure this is what' wrong but not sure what anyone can do about it. Just my 2 cents of what I observed here in America. When you think about it lawyers make fortunes just nitpicking the complex law and I don't see how we are suppose to know the million little rules what we don't have freedom to do.
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