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is this a no no?

by vivo
21 replies
Ok, lets say I have a site named "name" review.com, would that be violating copyright if name was a name of a game? Or is that fine?
  • Profile picture of the author KenThompson
    Hello again, Vivo...

    http://www.warriorforum.com/main-int...-question.html

    http://www.warriorforum.com/main-int...ght-dashs.html

    http://www.warriorforum.com/main-int...ght-issue.html
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  • Profile picture of the author vivo
    Also, it has collectors edition as part of the title
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    • Profile picture of the author KenThompson
      Originally Posted by vivo View Post

      Also, it has collectors edition as part of the title
      Not sure what you mean. But, collectors edition - the two words, will not be trademarked or copyrighted. Highly confident even though I'm not an attorney.

      In short, yes - it's a no-no.

      Be sure to read the three threads in the links above.
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  • Profile picture of the author vivo
    I read those and am a still cofused. What if the product is a derivative work of a copyright work, and has that said copyright in it,but I was only selling their product. Would that be bad? What about if the game was about a dc comic character for instance.
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    • Profile picture of the author KenThompson
      Originally Posted by vivo View Post

      I read those and am a still cofused. What if the product is a derivative work of a copyright work, and has that said copyright in it,but I was only selling their product. Would that be bad? What about if the game was about a dc comic character for instance.
      I don't know enough to give you an answer. Plus, I'm not an attorney and would not want to offer anything as an answer.

      You can find copyright laws online. I've read bits and pieces of them in the past. They're easy to find, and I do remember reading about your questions at the .gov sites.
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  • Profile picture of the author vivo
    Ok thanks, is there any ways that would be legal and still get traffic from a particular keyword?
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    • Profile picture of the author KenThompson
      Originally Posted by vivo View Post

      Ok thanks, is there any ways that would be legal and still get traffic from a particular keyword?
      I'm sure there are words you can use in the domain that would be legal and work. Just avoid using trademarked and/or copyrighted names/words.

      You can get traffic to just about any keyword.
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  • Profile picture of the author vivo
    Ok, what about fan sites for a comic? Would they be violating trademarks or copyright if they included their character in their site? I guess that is what I was wondering. I guess I could always try, and if ai get a cd, juat take it down.
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    • Profile picture of the author Alexa Smith
      Banned
      Originally Posted by vivo View Post

      I guess I could always try, and if ai get a cd, juat take it down.
      And if you get a lawsuit instead, just "take yourself down", perhaps?! :rolleyes:

      Nobody is obliged to send you a "cease and desist". They have various other options available as well, if you breach their trademarks or copyrights. As many Warriors have learned, some of them to their very great cost.

      (And there's certainly been no shortage of litigation over "rights to characters").

      If your thinking is along the lines of "I guess I could always try", then you need legal advice. And this forum isn't the place to seek or take that: http://www.warriorforum.com/main-int...al-advice.html
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  • Profile picture of the author vivo
    Ok, then. Sorry
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  • Profile picture of the author vivo
    I thought under DMCA you had to send a cease and desist notice. Maybe I am wrong.
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    • Profile picture of the author Alexa Smith
      Banned
      Originally Posted by vivo View Post

      I thought under DMCA you had to send a cease and desist notice. Maybe I am wrong.
      Have a look through some of the other threads here with the word "trademark" in them, in which you can see stories from other Warriors (and a few posts from practising lawyers, too) and you'll start to see how wrong. I know many people imagine that "you always get a chance to take your site down first and avoid worse problems that way", but it isn't always true. You can also have to pay over any money you've ever made from the site. You can also be sued for additional damages. It's a big, complicated subject, in which "I guess I can always try" is not a very wise approach.
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    • Profile picture of the author Kevin Maguire
      Originally Posted by vivo View Post

      I thought under DMCA you had to send a cease and desist notice. Maybe I am wrong.
      My friend you asked the questions but your tone seems to be, more moving toward asking members how can I do this and get away with it.
      And I am afraid no one is going to respond to you publicly about how to circumvent copyright law.

      Of course there are ways to do it. But you must respect members not willing to give you step by step instructions on how to.

      If a brand has affiliate programs in place. Its almost a given that they will expect affiliates to create such review sites in order to promote the product in question.
      So long as you do the following 9 out of 10 times, the companies in question will not take issue with your website.

      1. Contact them directly and ask for their permission to create the site.
      2. Ask them for permission to use promotional material that may be copyright within your website.
      3. Take every reasonable step, to notify visitors to your site that you are an affiliate and are not representing the actual brand.
      4. Use copyright disclaimers, and present them clearly for website visitors to see.
      5. DONT SPAM
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  • Profile picture of the author vivo
    Thanks, I don't want to have to deal with the Man more than I have too.
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  • Profile picture of the author DFTskillz
    to be honest its not worth the risk, just try find another domain even if it doesnt help SEO as well
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  • Profile picture of the author vivo
    My thing was not to circumvent, but merely not miss out on an opportunity. I guess what I what trying to get at is that is there still a way I could have good seo, and still respect copyright. I appreciate the help. I am not trying to break the law, I was just wondering if there was fair use, or whether it was a complete lock down on it. I guess my problem is I have a hard time saying no to an idea, but I guess on this I will ask the company, and see how that goes. I appreciate all the help. Zach
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by vivo View Post

      My thing was not to circumvent, but merely not miss out on an opportunity. I guess what I what trying to get at is that is there still a way I could have good seo, and still respect copyright. I appreciate the help. I am not trying to break the law, I was just wondering if there was fair use, or whether it was a complete lock down on it. I guess my problem is I have a hard time saying no to an idea, but I guess on this I will ask the company, and see how that goes. I appreciate all the help. Zach
      Trying to profit from someone else's trademark doesn't come under fair use. Fair use covers things like satire, or a critique (like paypalsucks.com). It does not cover a review site for commercial purposes. You could be sent a cease and desist, or they could file a UDRP or they could sue you ... their choice.
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  • Profile picture of the author PolicyMaker
    Just Two Words...Avoid It...
    Signature
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  • Profile picture of the author Mike Hill
    I don't know why people go to all this trouble to actually TRY and back themselves into a corner. I mean, a good majority of questions in this forum could be solved with common sense and a bit of reading about Copyright and Trademark laws.

    But why even bother trying to "skirt" the law and instead think about what it is you want to accomplish and go do it. Having a domain name that is related is one thing but wanting a domain that has actual copyright names in it... for the sake of thinking you'll get more traffic and sales... Yowsers!

    These types of questions are what stop people from moving forward when in fact they could just pick a generic domain and get busy.

    All the people I know who are successful internet marketers didn't waste time asking questions like this and if they had any doubts they simply tried to figure out a more generic domain (for this example) and hustle their a$$ off to get things moving in the right direction.

    Petty questions like "Which host" or "Which autoresponder" or "How long my article has to be" or "how good my cover has to be" or anything like that are all TIME WASTED events.

    Just do a little due diligence and go for it. Don't spend hours and hours or even days and weeks doing this. Heck, read some reviews and move forward.
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  • Profile picture of the author Bill Jeffels
    Some great advice has been given so far. When
    in doubt contact a lawyer. Especially if you think
    there is a great possibility.

    What you’re asking about if done wrong
    can bring you a financial world of hurt.

    Bill


    .
    Signature
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  • Profile picture of the author talfighel
    There are a lot of people who do reviews on various products online and use the company's name in the title of their domain name. I would contact the program owner to see if they don't mind you doing this.
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