Domain NAME AND TRADEMARK

10 replies
Hi all,
I have found an exact match word that gets about 300,000 searches a month on google, the domain is available in .net and .org.
M question is, as it is the companies name plus a type of software or model number, will I be infringing on a trademark and will the site be taken down do you think.
I was surprised to see that the name was available in 2 formats and I am wondering is i because someone does not wanna be slapped by a big organisation , any advise would be great , thanks
#doamin #trademark
  • Profile picture of the author Nancy656656
    Yes, that is a trademark infringement. That company can take your domain from you if you if you buy it.
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  • Profile picture of the author Will Edwards
    1. Possibly
    2. Possibly

    Bottom line, you are skating on thin ice.

    Will
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    • Profile picture of the author JDIZM
      Originally Posted by Will Edwards View Post

      1. Possibly
      2. Possibly

      Bottom line, you are skating on thin ice.

      Will
      Lol how did we both come out with thin ice??!
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  • Profile picture of the author JDIZM
    Yes you can have the domain taken off you if it is trademarked.

    You are probably treading on thin ice.
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  • Profile picture of the author daveaball
    Thanks all , thin ice it is so,
    If I was to make this an authority site on this product would anyone have any suggestions on let's say if it was appleitunes.org what I could change so that it could be an authority site .
    It will be selling Products from amazon along
    With clickbank , any advise or advise would be greatly aPpreciated .
    Still shocked that a domain with over 300,000 exact match searches is available or is it the same reason as why others didn't register it due to infringement
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    • Profile picture of the author Alexa Smith
      Banned
      Originally Posted by daveaball View Post

      let's say if it was appleitunes.org what I could change so that it could be an authority site .
      You'd need to remove the registered trademarks from the domain-name. So that takes away "apple" and "itunes". Doesn't leave a lot, does it?

      Originally Posted by daveaball View Post

      Still shocked that a domain with over 300,000 exact match searches is available or is it the same reason as why others didn't register it due to infringement
      Yes - it's that. There are plenty of domains with trademarks available, but they're no use to anyone for any commercial purposes.

      There are some purposes for which courts find it legitimate to use someone else's trademark in a domain-name, but they do tend to get tested in court sometimes (a lot of it's "precedent law") so this is for people with deep pockets. Those permitted uses also tend to exclude anything that involves financial gain/marketing.

      Among the things that can and regularly do happen, when the trademark owner discovers such breaches of trademark, 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 for flagrantly breaching their legal rights
      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.
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    • Profile picture of the author davezan
      Originally Posted by daveaball View Post

      any advise or advise would be greatly aPpreciated .
      Just one: if you're dead set on making money off of that trademark in the domain
      name, be ready to deal with its trademark holder if they finally decide to take any
      action against you. Depending on how lenient or aggressive they possibly are, do
      not be shocked if that happens.
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      David

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    • Profile picture of the author kindsvater
      Originally Posted by daveaball View Post

      It will be selling Products from amazon along
      With clickbank ...
      Nothing like intentionally doubling-down on a probable legal problem. Trademark owners really love it when you use their mark to promote other products.

      Now you're also putting your Amazon and ClickBank accounts at risk.

      .
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  • Profile picture of the author Mr Lim
    Trademark Infringement is not joking, if you're not careful you will caught for law suit. It's better not to joke around with just small profit.
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  • Profile picture of the author wolfmmiii
    It sounds like you've already made up your mind.
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